Beard v. Kirk
Superior Court of New Hampshire
Trover, for a sled. It was in evidence that the defendant took the sled from Moore’s tavern, in Chelmsford, Mass., without authority—used, and broke it—and returned it to the same place. The parties reside in this state.
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Trover, for a sled. It was in evidence that the defendant took the sled from Moore’s tavern, in Chelmsford, Mass., without authority—used, and broke it—and returned it to the same place. The parties reside in this state. The plaintiff, to show the value of the sled, offered the deposition of a witness, containing the following clause, viz., “I have been engaged seven years in teaming; have owned many sleds ; have bought and sold many ; am acquainted with the value of them, and when I last saw this sled I should think it worth from fifteen to twenty dollars.” The defendant objected to the…
1Opinion of the CourtParker, C. J.
The opinion of the witness, respecting the value of the sled, was not admissible in evidence. 3 N. H. Rep. 349, Rochester vs. Chester; 6 N. H. Rep. 462, Peterborough vs. Jaffrey. He was not a manufacturer of sleds, if that might be supposed to indicate skill, nor was he otherwise possessed of any particular science, or skill, respecting their construction or use. The fact that he had used sleds more than people in general, and had bought and sold many, might serve to show that he had more knowledge respecting the best form and size, and respecting the price at which they could be purchased or…
2Cases cited5 opinions
- Thurston v. M'KownMassachusetts Supreme Judicial Court · 1810
- Davis v. LaneSuperior Court of New Hampshire · 1839
- Town of Rochester v. Town of ChesterSuperior Court of New Hampshire · 1826
- Whipple v. WalpoleSuperior Court of New Hampshire · 1839
- Town of Peterborough v. Town of JaffreySuperior Court of New Hampshire · 1833
3Cited by6 opinions
- Ish v. CraneOhio Supreme Court · 1862
- Despatch Line of Packets v. Bellamy Man. Co.Superior Court of New Hampshire · 1841
- Marshall v. Columbian Mutual Fire InsuranceSuperior Court of New Hampshire · 1853
- Clement v. LeverettSuperior Court of New Hampshire · 1841
- Hoitt v. MoultonSuperior Court of New Hampshire · 1850
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