Healey v. Wellesley & B. St. Ry. Co.

• Decision Date: 21 June 1900
• Parties: HEALEY v. WELLESLEY & B. ST. RY. CO.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

176 Mass. 440

57 N.E. 703

HEALEY v. WELLESLEY & B. ST. RY. CO.

Supreme Judicial Court of Massachusetts, Suffolk.

June 21, 1900

COUNSEL

H. L. Whittlesey and Hanscom & Hinckley, for plaintiff.

Powers, Hall & Jones, for defendant.

OPINION

MORTON, J.

The evidence to which the plaintiff excepted was admitted, as the exceptions state, solely for the purpose of contradicting Michael Healey, who was foreman of the gang in which the plaintiff worked, and who had testified how much the plaintiff was absent for several days following the accident. The time book from which the witness Child was allowed to testify was turned in to him by Michael Healey, and showed 'the time worked by the employés in his gang during December, 1897, and up to October, 1898.' Whether the entries were actually made by Michael Healey or not was immaterial. His act is turning the book in as the record of the time worked by the men in his gang amounted to a representation that they had worked the time therein set down, and , as such, evidence of the entries was admissible to contradict him. See Handy v. Canning, 166 Mass. 107, 44 N.E. 118; Brigham v. Clark, 100 Mass. 430. Exceptions overruled.