Phillips v. Inhabitants of Marblehead
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a jury to assess the damages caused by the taking by the respondent of land of the petitioner, in July, 1886, for the laying out of Atlantic Avenue in Marblehead. At the trial in the Superior Court, before Lathrop, J., the only question was as to the value of the tract taken.
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Petition to the Superior Court for a jury to assess the damages caused by the taking by the respondent of land of the petitioner, in July, 1886, for the laying out of Atlantic Avenue in Marblehead. At the trial in the Superior Court, before Lathrop, J., the only question was as to the value of the tract taken. One Mason, called by the petitioners among other witnesses to prove such value, testified that he was a watchmaker and jeweller, about forty-five years of age, and had always lived in Marblehead; that he did not own real estate in the town, and had not bought or sold real estate there;…
1Opinion of the CourtField, J.
Whether a person, who is offered as a witness, is shown to be qualified to give an opinion upon the value of land, must be left largely to the discretion of the presiding judge. We cannot say, upon the evidence recited in the exceptions, that Mason was not rightly excluded as a witness to value. The case shows that there was no difficulty in obtaining witnesses whose qualifications were unquestioned, and this fact was properly considered by the presiding judge in deciding to exclude him. Tucker v. Massachusetts Central Railroad, 118 Mass. 546, 548.
It was ''also, we think, within the…
2Cases cited4 opinions
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1888
- Tucker v. Massachusetts Central RailroadMassachusetts Supreme Judicial Court · 1875
- Shurtleff v. ParkerMassachusetts Supreme Judicial Court · 1881
3Cited by24 opinions
- People v. MacCulloughMichigan Supreme Court · 1937
- People v. McArronMichigan Supreme Court · 1899
- Higgins v. PrattMassachusetts Supreme Judicial Court · 1944
- Haven v. County Commissioners of EssexMassachusetts Supreme Judicial Court · 1892
- Manning v. City of LowellMassachusetts Supreme Judicial Court · 1899
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