Clapp v. Norton

106 Mass. 33

Opinion

By the Court.

The plan was not evidence, and it does not appear that it was admitted as such. As a means of enabling a witness to explain the position of different points, locations, walks and fences as to which he testifies, such a sketch may be referred to and shown to the jury. It appears to have been used merely as such. It went to the jury without objection at the time, and thus all objection on that point was waived.

Exceptions overruled.