Hawkins v. City of Fall River
Massachusetts Supreme Judicial Court
Petition to the county commissioners for a jury to assess damages for the taking of land by the respondent to widen Pleasant Street, in Fall River. At the trial before a sheriff’s jury the respondent called one Franklin L. Almy as an expert, to testify to the value of the land taken by the city, and he was permitted to testify thereto without objection, having known of sales of land at or about the time of, the taking.
Read the full summary
Petition to the county commissioners for a jury to assess damages for the taking of land by the respondent to widen Pleasant Street, in Fall River. At the trial before a sheriff’s jury the respondent called one Franklin L. Almy as an expert, to testify to the value of the land taken by the city, and he was permitted to testify thereto without objection, having known of sales of land at or about the time of, the taking. The respondent then asked him the following question : “ How did you get at your opinion of the market value ? ” The petitioners objected, and the sheriff excluded the…
1Opinion of the Court
By the Court.
The refusal of the sheriff to permit the witness Almy to state the reasons of his opinion was erroneous. The point has been repeatedly decided, both as to witnesses testifying to value, and as to experts strictly so called. Commonwealth v. Webster, 5 Cush. 295. Keith v. Lothrop, 10 Cush. 453. Dickenson v. Fitchburg, 13 Gray, 546. Lincoln v. Taunton Copper Co. 9 Allen, 181. Sexton v. North Bridgewater, 116 Mass. 200. Demerritt v. Randall, 116 Mass. 331.
Judgment setting aside the verdict affirmed.
2Cases cited2 opinions
- Sexton v. Inhabitants of North BridgewaterMassachusetts Supreme Judicial Court · 1874
- Demerritt v. RandallMassachusetts Supreme Judicial Court · 1874
3Cited by8 opinions
- Boston Gas Co. v. Assessors of BostonMassachusetts Supreme Judicial Court · 1956
- New Jersey, Indiana & Illinois Railroad v. TuttIndiana Supreme Court · 1907
- Gardner v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1879
- State v. NagleSupreme Court of Rhode Island · 1903
- Lewiston Steam Mill Co. v. Androscoggin Water Power Co.Supreme Judicial Court of Maine · 1886
3 more not listed; retrieve them via the Exa API.