Shea v. Hudson
Massachusetts Supreme Judicial Court
Tort, for injuries occasioned to the horse and buggy of the plaintiff by a collision with a horse and carriage driven by the defendant. At the trial in the Superior Court, without a jury, before Braley, J., the plaintiff was asked by his counsel what was the value of his horse before the accident, and what was the value of his carriage.
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Tort, for injuries occasioned to the horse and buggy of the plaintiff by a collision with a horse and carriage driven by the defendant. At the trial in the Superior Court, without a jury, before Braley, J., the plaintiff was asked by his counsel what was the value of his horse before the accident, and what was the value of his carriage. To these questions the defendant objected, on the ground that the plaintiff had not been shown to be an expert, and thus was not competent to give an opinion on the subject. The judge allowed the plaintiff to answer, and he testified that his horse was worth…
1Opinion of the CourtMobton, J.
The question in this case relates to the admis-
sibility of the testimony of the plaintiff, who was the owner, respecting the value of the horse and buggy before and after the accident. Without undertaking to decide that in every case the fact of ownership qualifies a party to testify to the value of or damage to property, we think that the evidence was rightly admitted in the present case. It has been held that the owner of real estate was competent to testify to the damage done to his property by the taking of a part of it for a railroad, and also that his opinion regarding the value of his…
2Cases cited5 opinions
- Reed v. Washington Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1885
- Patch v. City of BostonMassachusetts Supreme Judicial Court · 1888
- Mercer v. . VoseNew York Court of Appeals · 1876
- Blaney v. City of SalemMassachusetts Supreme Judicial Court · 1894
- Berney v. DinsmoreMassachusetts Supreme Judicial Court · 1886
3Cited by32 opinions
- Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance v. MessengerCourt of Appeals of Maryland · 1943
- Menici v. Orton Crane & Shovel Co.Massachusetts Supreme Judicial Court · 1934
- Rubin v. Town of ArlingtonMassachusetts Supreme Judicial Court · 1951
- City National Bank of Columbus v. JordanSupreme Court of Iowa · 1908
- Cofflin v. StateCourt of Appeals of Maryland · 1962
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