Legal Opinion

Town of Peterborough v. Town of Jaffrey

Superior Court of New Hampshire

Decided December 15, 1833PublishedCited by 4 opinions

This was an action to recover the sum of $43, for the support of Barnard Turner, a pauper, alleged to have a settlement in Jaflrey. The evidence offered to fix his settlement there, was, that Thomas Turner, the father, on whose settlement that of the son depended, owned real estate, situate in the town of Jaflrey, of the value of $150, for the term of four years, on which he resided during said time, and paid all the taxes.

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This was an action to recover the sum of $43, for the support of Barnard Turner, a pauper, alleged to have a settlement in Jaflrey. The evidence offered to fix his settlement there, was, that Thomas Turner, the father, on whose settlement that of the son depended, owned real estate, situate in the town of Jaflrey, of the value of $150, for the term of four years, on which he resided during said time, and paid all the taxes. The land in question was under incumbrance of $683,-91, but it was contended that the equity of redemption in Turner constituted an estate of sufficient value to give him…

1Opinion of the Court

The opinion of the court was drawn up by

Upiiam, J.*

In ordinary cases the opinions of witnesses should not he submitted to a jury, for the reason that the jury .possess sufficient experience to enable them to make the proper inference from the facts.

There is a class of cases, however, .depending on questions involving a degree of skill and judgment such as is necessarily confined to a few individuals exercising a particular science, art, or profession. Such cases form an exception to the rule laid down, and the jury must necessarily depend, in the determination of such questions, not upon the…

2Cases cited3 opinions

  1. Dickinson v. BarberMassachusetts Supreme Judicial Court · 1812
  2. Poole v. RichardsonMassachusetts Supreme Judicial Court · 1807
  3. Town of Rochester v. Town of ChesterSuperior Court of New Hampshire · 1826

3Cited by4 opinions

  1. Beard v. KirkSuperior Court of New Hampshire · 1840
  2. Robertson v. StarkSuperior Court of New Hampshire · 1844
  3. Marshall v. Columbian Mutual Fire InsuranceSuperior Court of New Hampshire · 1853
  4. Hoitt v. MoultonSuperior Court of New Hampshire · 1850

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