Miller v. Smith
Massachusetts Supreme Judicial Court
CoNTEAGT for a breach of warranty of soundness in the sale of a mare. The alleged unsoundness was a habit of crib-biting and wind-sucking.
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CoNTEAGT for a breach of warranty of soundness in the sale of a mare. The alleged unsoundness was a habit of crib-biting and wind-sucking. Trial in the Superior Court before Allen, J., who after a verdict for the plaintiff of $5000 allowed the defendant’s bill of exceptions, the portion of which, not waived at the argument, was as follows: There was evidence of the purchase of the horse for $9000; of the warranty; that the horse cribbed or sucked wind and that cribbing and wind-sucking were habits of the same nature, There was also evidence tending to show that cribbing or wind-sucking in its…
1Opinion of the Court
Gray, 0. J.
The only exceptions, which were insisted upon at the argument, were those taken to the admission of certain answers contained in the depositions introduced by the plaintiff, and to the questions permitted to be put on cross-examination to the defendant and to one of the witnesses called in his behalf.
1. Whenever the value of any peculiar kind of property, which may not be presumed to be within the actual knowledge of all jurors, is in issue, the testimony of witnesses acquainted with the value of similar property is admissible, although they have never seen the very article in…
2Cases cited4 opinions
- Johnston v. JonesSupreme Court of the United States · 1862
- Swan v. County of MiddlesexMassachusetts Supreme Judicial Court · 1869
- Lawton v. ChaseMassachusetts Supreme Judicial Court · 1871
- Cornell v. DeanMassachusetts Supreme Judicial Court · 1870
3Cited by22 opinions
- Boston Gas Co. v. Assessors of BostonMassachusetts Supreme Judicial Court · 1956
- State v. PraterWest Virginia Supreme Court · 1902
- Commonwealth v. DeBroskyMassachusetts Supreme Judicial Court · 1973
- General Electric Co. v. Board of AssessorsMassachusetts Supreme Judicial Court · 1984
- Johnson v. StateSupreme Court of Alabama · 1916
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