Whalen v. Shivek, 93 N.E.2d 393, 326 Mass. 142 (1950)
“A witness gave a description of a sketch of the parapet which he had made and which had been marked as a chalk. With respect to the witnesses' descriptions of the sketch and gestures the judge ruled, in substance, subject to the contractor's exception that the jury were not bound by them and could consider the gestures and the sketch themselves if they saw fit.”
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