Cornell v. Dean
Massachusetts Supreme Judicial Court
Contract to recover for pasturing seventeen lots of the defendant’s cattle at different times during the spring, summer and autumn of 1867. At the trial in the superior court, before iScudder, J., several witnesses, who testified that they were farmers, were acquainted with the pasture where the plaintiff put the cattle, had pastured cattle transiently and by the season, and knew the usual price of pasturing in the vicinity, were allowed, against the objection of the…
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Contract to recover for pasturing seventeen lots of the defendant’s cattle at different times during the spring, summer and autumn of 1867. At the trial in the superior court, before iScudder, J., several witnesses, who testified that they were farmers, were acquainted with the pasture where the plaintiff put the cattle, had pastured cattle transiently and by the season, and knew the usual price of pasturing in the vicinity, were allowed, against the objection of the defendant, to state whether it was worth more to pasture ‘Battle transiently than by the season. It appeared that the pasture…
1Opinion of the CourtChapman, C. J.
Persons acquainted with the business of pasturing cattle may testify as to the price or value of pasturing, and as to its being worth more to pasture them transiently than by the season. This is a species of evidence that is applied to a great variety of transactions. Carpenter v. Wait, 11 Cush. 257. Shattuck v. Stoneham Branch Railroad Co. 6 Allen, 115. Commonwealth v. Dorsey, 103 Mass. 412. The evidence on this point was properly admitted.
Hall and the Slades were not parties to the contract between the parties to this action. They were the plaintiff’s lessors, and their rent was to be one…
2Cases cited2 opinions
- Commonwealth v. DorseyMassachusetts Supreme Judicial Court · 1869
- Delaney v. RootMassachusetts Supreme Judicial Court · 1868
3Cited by4 opinions
- Miller v. SmithMassachusetts Supreme Judicial Court · 1873
- Warner v. AbbeyMassachusetts Supreme Judicial Court · 1873
- Walker v. CurtisMassachusetts Supreme Judicial Court · 1874
- Orcutt v. MooreMassachusetts Supreme Judicial Court · 1883