Home THERESA LANZILLI & another vs. JOHN H. SMITH.

341 Mass. 732

November 8, 1960

Exceptions sustained. Theresa Lanzilli, hereinafter called the plaintiff, seeks to recover for personal injuries incurred by falling from a riding horse which she had rented from the defendant. Her father joins in a count for consequential damage. There was evidence that the plaintiff was caused to fall by the saddle slipping to one side because the girth which had been adjusted by the defendant's employee was loose. The auditor to whom the case was referred found that the plaintiff's injuries were caused by the defendant's negligence and that she did not assume the risk of injury from an "insecure" saddle. The evidence was sufficient to warrant the verdict which was returned for the plaintiff but the exception of the defendant to the refusal of the judge, upon request, to rule that the burden of proving negligence was upon the plaintiff must be sustained. Nothing was said by him in his charge to cure the failure to give this instruction, to which plainly the defendant was entitled.

Home HARRY W. TRUELL vs. THOMAS E. HEALEY.

341 Mass. 732

November 17, 1960

Order dismissing report affirmed. The reasons for dismissing the report are stated in the opinion of the Appellate Division.

Home THOMAS E. HEALEY vs. HARRY W. TRUELL.

341 Mass. 732

November 17, 1960

Order dismissing report affirmed. The reasons for dismissing the report are stated in the opinion of the Appellate Division.

Home NICHOLAS MILLER vs. MICHAEL GRAMATIKAKIS.

341 Mass. 732

November 30, 1960

Exceptions overruled. This is an action of contract to recover a balance alleged to be due to the plaintiff as a result of a loan to the defendant. The defendant pleaded illegality and in support of this defence introduced evidence that the loan was given in connection with gaming transactions. On conflicting evidence the judge found for the plaintiff in the amount of $2,480. The sole question for decision arises out of the defendant's exceptions to the exclusion of certain evidence tending at most to corroborate

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other evidence that the plaintiff was engaged in gambling activities. The extent to which such corroboration should be permitted was a matter resting in the sound discretion of the trial judge. See Sanderson v. Carroll, 238 Mass. 142 , 145. There was no abuse of discretion.