Watriss v. Trendall
Supreme Court of Vermont
D^bT. Plea, general assumpsit in offset. Trial by jury' at the June Term, 1901, Windsor County, Start, J., presiding. Verdict and judgment thereon for the defendant. The plaintiff excepted. The admission of the testimony of Mr. and Mrs. Tracey was error. They testified to the price of board in the neighborhood. Before they could so testify, it should have appeared, affirmatively, that they had the requisite knowledge. They were not called as experts.
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D^bT. Plea, general assumpsit in offset. Trial by jury' at the June Term, 1901, Windsor County, Start, J., presiding. Verdict and judgment thereon for the defendant. The plaintiff excepted. The admission of the testimony of Mr. and Mrs. Tracey was error. They testified to the price of board in the neighborhood. Before they could so testify, it should have appeared, affirmatively, that they had the requisite knowledge. They were not called as experts. No foundation for their testimony was laid. Wright v. Williams, 47 Vt. 233; Kelsey v. Kelley, et al, 63 Vt. 45. It was error to¡ exclude the…
1Opinion of the CourtTyler, J.
This action was brought to recover the amount of certain items claimed by the plaintiff to be due him from the defendant. The controversy seems to have been over the defendant’s account in offset, items of which were for board of the plaintiff himself, his daughter and her husband, which the plaintiff was liable for, though the price had not been agreed upon. The question was, what was a reasonable price per meal and by the week?
H. E. Marcey was called as a witness, and in answer to questions by the defendant’s counsel testified, without objection, that he lived a mile from the Watriss place…
2Cases cited4 opinions
- Perkins v. StickneyMassachusetts Supreme Judicial Court · 1882
- Town of Cavendish v. Town of TroySupreme Court of Vermont · 1868
- Kelsey v. KelleySupreme Court of Vermont · 1890
- Stone v. TupperSupreme Court of Vermont · 1886
3Cited by9 opinions
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913
- St. Albans Granite Co. v. Elwell & Co.Supreme Court of Vermont · 1915
- Enos v. Owens Slate Co.Supreme Court of Vermont · 1932
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