Hawks v. Inhabitants of Charlemont
Massachusetts Supreme Judicial Court
Tort for taking stones from the plaintiff’s land adjoining Deerfield River, in consequence of which the river washed away part of the land.
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Tort for taking stones from the plaintiff’s land adjoining Deerfield River, in consequence of which the river washed away part of the land. At the second trial in the Superior Court, after the decision reported in 107 Mass. 414, before Lord, J-, the jury returned a verdict for the plaintiff for only $11.86, and the judge allowed the following bill of exceptions : “ The plaintiff offered evidence tending to show that the defendants, by their agents, entered upon and passed over his close and took from the bed of Deerfield River, near the channel of the river and near the soil of his close, a…
1Opinion of the CourtColt, J.
Whether a witness whose testimony is offered has the knowledge or experience which qualifies him to give an opinion, in a matter where opinions are admissible In evidence, is a question of fact in the first instance for the court. It concerns the competency of the evidence, and no exception lies to the ad *113mission or rejection of the proffered opinion, unless upon a report of all the évidence before the judge it plainly appears that his decision was not justified by the facts proved. Gorton v. Hadsell, 9 Cush. 508. O' Connor v. Hallinan, 103 Mass. 547. As to the first exception, it is…
2Cases cited2 opinions
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- O'Connor v. HallinanMassachusetts Supreme Judicial Court · 1870
3Cited by17 opinions
- Commonwealth v. PiperMassachusetts Supreme Judicial Court · 1876
- State v. DunnSupreme Court of Louisiana · 1926
- Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. WynantIndiana Supreme Court · 1888
- Thomson v. PentecostMassachusetts Supreme Judicial Court · 1910
- Chicago, St. Louis & Pittsburgh Railroad v. ChampionIndiana Court of Appeals · 1894
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