Berney v. Dinsmore
Massachusetts Supreme Judicial Court
Tort for the conversion of a pearl ring. Writ dated December 29,1882. Answer, a general denial. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: The defendants are common carriers, doing business under the name of the Adams Express Company.
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Tort for the conversion of a pearl ring. Writ dated December 29,1882. Answer, a general denial. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows: The defendants are common carriers, doing business under the name of the Adams Express Company. The plaintiff introduced evidence tending to show that she delivered to the defendants, at their office in Boston, on September 25, 1882, a box secured by a wrapper, string, and seals, which the plaintiff said contained a solitaire pearl ring and a diamond ring of hersthat the defendants carried the…
1Opinion of the CourtField, J.
The testimony of the plaintiff described the size, shape, color, and quality of the pearl in a manner perhaps as accurate as she was capable of using. If any other rule were adopted than that used in this case, it might be impossible to determine the value of the pearl. When the evidence is the best evidence attainable, it should be admitted, unless admitting it contravenes some established rule of law. There is no rule which requires that a witness must be an expert to testify to the size, shape, and appearance of a visible object. The witness Foss was an expert upon the value of pearls, and…
2Cited by7 opinions
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- Glennon v. Travelers Indemnity Co.District of Columbia Court of Appeals · 1952
- Murray v. Firemen's InsuranceOregon Supreme Court · 1927
- Friedman v. BreslinAppellate Division of the Supreme Court of the State of New York · 1900
- Friedman v. BreslinAppellate Division of the Supreme Court of the State of New York · 1900
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