Brewer v. Housatonic Railroad
Massachusetts Supreme Judicial Court
Contract for wood sold and delivered. The case was referred to an auditor, who reported in favor of the plaintiff. At the trial in the superior court, before Brigham, C. J., the plaintiff introduced the auditor’s report in evidence, and rested his case. The defendants contended that if the plaintiff proposed to offer other evidence in support of his case, he should do so before the defendants put in their evidence, but the judge ruled otherwise.
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Contract for wood sold and delivered. The case was referred to an auditor, who reported in favor of the plaintiff. At the trial in the superior court, before Brigham, C. J., the plaintiff introduced the auditor’s report in evidence, and rested his case. The defendants contended that if the plaintiff proposed to offer other evidence in support of his case, he should do so before the defendants put in their evidence, but the judge ruled otherwise. There was conflicting evidence as to the terms of the contract of sale, as to the kind of wood delivered, and as to whether the defendants accepted…
1Opinion of the CourtColt, J.
It was within the discretion of the court, and according to the usual practice in this Commonwealth, to permit the plaintiff to introduce evidence in support of the issue to be maintained by him, after the defendants had produced evidence to meet the case made by the auditor’s report. Morgan v. Morse, 13 Gray, 150. The auditor’s report, it is true, is only primd facie evidence, and does not change the burden of proof, but the plaintiff may in the first instance rest his case upon it, and, if it is attempted to control or impeach it by other evidence offered by the defendants, may be permitted…
2Cases cited1 opinion
- Nichols v. MorseMassachusetts Supreme Judicial Court · 1868
3Cited by9 opinions
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- Lowe v. PimentalMassachusetts Supreme Judicial Court · 1874
- Smith v. EdwardsMassachusetts Supreme Judicial Court · 1892
- Calhoun v. PauleMissouri Court of Appeals · 1887
- Unadilla Silo Co. v. M. A. Hull & SonSupreme Court of Vermont · 1916
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