Perkins v. Stickney
Massachusetts Supreme Judicial Court
Contract upon an account annexed for coal sold and delivered. The answer set up a warranty by the plaintiffs that the coal should be first-class coal, and fully equal to the coal sold by one Job, and alleged a breach of the warranty. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: The plaintiffs were wholesale coal-dealers in New York. The defendants were wholesale and retail coal-dealers in Fall River.
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Contract upon an account annexed for coal sold and delivered. The answer set up a warranty by the plaintiffs that the coal should be first-class coal, and fully equal to the coal sold by one Job, and alleged a breach of the warranty. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: The plaintiffs were wholesale coal-dealers in New York. The defendants were wholesale and retail coal-dealers in Fall River. There was evidence tending to show that the warranty applied to coal sold by said Job to Joseph A. Bowen & Company of Fall River,…
1Opinion of the CourtEndicott, J.
Whether a witness who is called as an expert has the requisite qualifications and knowledge to enable him to testify, is a preliminary question for the court. The decision of this question is conclusive, unless it appears upon the evidence to have been erroneous, or to have been founded upon some error in law. Nunes v. Perry, 113 Mass. 274, 276. Commonwealth v. Sturtivant, 117 Mass. 122. In the case at bar, no such error is shown; on the contrary, it appears that the witness had no knowledge of the quality of the coal in question, except through the reports of his engineer. Exceptions…
2Cases cited2 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Nunes v. PerryMassachusetts Supreme Judicial Court · 1873
3Cited by39 opinions
- Stillwell & Bierce Manufacturing Co. v. PhelpsSupreme Court of the United States · 1889
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- Commonwealth v. SpencerMassachusetts Supreme Judicial Court · 1912
- Davis v. StateSupreme Court of Florida · 1902
- Rubin v. Town of ArlingtonMassachusetts Supreme Judicial Court · 1951
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