Leonard v. West
This text of 183 N.E. 343 (Leonard v. West) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The questions of law sought to be raised on this record are whether there was evidence to support the allegation that the defendant committed an assault and battery upon the plaintiff and whether ear trouble resulted. There was testimony direct and unequivocal to the effect that the plaintiff was severely injured in one ear and otherwise by being struck intentionally by the defendant with the door of his automobile. Whether the defendant “kicked” open or otherwise forcibly pushed the door against the plaintiff is an inconsequential detail. The evidence, which need not be narrated or summarized, was conflicting, but its weight and credibility were wholly for the trial judge and it abundantly justified the finding in favor of the plaintiff.
Order dismissing report affirmed.
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Cite This Page — Counsel Stack
183 N.E. 343, 281 Mass. 244, 1932 Mass. LEXIS 1123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leonard-v-west-mass-1932.