Shattuck v. Stoneham Branch Railroad
Massachusetts Supreme Judicial Court
Petition to the county commissioners of Middlesex county for a jury to assess damages sustained by reason of taking land of the petitioner in Woburn for a railroad.
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Petition to the county commissioners of Middlesex county for a jury to assess damages sustained by reason of taking land of the petitioner in Woburn for a railroad. A warrant was duly issued and the case was tried before the sheriff, whose report thereof showed that before the hearing commenced the respondents objected to proceeding under the warrant because no jurors were taken from Stoneham, which was the town nearest to the land in controversy; but the objection was overruled, the jurors all having been taken from towns within the same county and adjoining Woburn. During the trial the…
1Opinion of the CourtChapman, J.
The first objection to the rulings of the officer who presided at the trial is, that he allowed the petitioner to testify to the amount of the damage done by the respondents to his estate.
It is not denied that the petitioner is by statute made a competent witness, and might testify to anything that might be stated by any other witness. It is settled in this commonwealth that where the value of property, real or personal, is in controversy, persons acquainted with it may state their opinion as to its value. Also where the amount of damage done to property *117is in controversy, such persons may…
2Cited by1 opinion
- Laurie v. Dean Transportation Co.Massachusetts District Court, Appellate Division · 1986