Randall v. Doane

Decided October 15, 1857

Massachusetts Supreme Judicial Court · decided 1857-10-15

Action op contract for the keeping of a horse. At the trial in the court of common pleas before Sanger, J., it appeared that the horse was brought to the plaintiff’s stable in his absence, The plaintiff called Turner as a witness, who testified that he had several conversations with the defendant in regard to the horse, and that the last conversation, which led to the horse’s being sent to the plaintiff’s stable, was at the defendant’s house in South Braintree, and was, in…

Decided 1857-10-15

By the Court.

¶1The testimony of Willis, offered to contradict Turner, was competent at the time it was admitted. As the case then stood, the plaintiff relied on the testimony of Turner to establish his claim. If the defendant’s testimony subsequently showed that the conversation to which Willis *411testified was not the same to which Turner’s evidence related, or otherwise showed it to be immaterial, it was for the court to instruct the jury not to regard it. Wilder v. Holden, 24 Pick. 12. As it does not appear that such instructions were not given, the plaintiff fails to show that he was aggrieved by the rulings of the court.

¶2The instructions bearing on the merits of the case seem to have been correct, and adapted to the facts in proof.

¶3Exceptions overruled.