Eidt v. Cutter

Massachusetts Supreme Judicial Court

Eidt v. Cutter

127 Mass. 522, 1879 Mass. LEXIS 131

CourtMassachusetts Supreme Judicial Court

DecidedOctober 1, 1879

StatusPublished

Cited by19 cases

This text of 127 Mass. 522 (Eidt v. Cutter) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eidt v. Cutter, 127 Mass. 522, 1879 Mass. LEXIS 131 (Mass. 1879).

Pincite

Opinion

By the Court.

The question in controversy, and upon which both parties had introduced the testimony of experts, was whether the injury to the plaintiff’s house was caused by the fumes and gases from the defendant’s works, or by the emanations from a sewer. The grounds and reasons of the opinions of the experts, including the détails of experiments made by them under conditions and circumstances which, as they testified, were as nearly as possible like those surrounding the plaintiff’s house in the absence of the sewer, were rightly permitted to be stated by the experts, in order to assist the jury in understanding their testimony and applying it to the case. Lincoln v. Taunton Copper Co. 9 Allen, 181. Commonwealth v. Piper, 120 Mass. 185, 190. Williams v. Taunton, 125 Mass. 34. Exceptions overruled.

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By the Court.

The question in controversy, and upon which both parties had introduced the testimony of experts, was whether the injury to the plaintiff’s house was caused by the fumes and gases from the defendant’s works, or by the emanations from a sewer. The grounds and reasons of the opinions of the experts, including the détails of experiments made by them under conditions and circumstances which, as they testified, were as nearly as possible like those surrounding the plaintiff’s house in the absence of the sewer, were rightly permitted to be stated by the experts, in order to assist the jury in understanding their testimony and applying it to the case. Lincoln v. Taunton Copper Co. 9 Allen, 181. Commonwealth v. Piper, 120 Mass. 185, 190. Williams v. Taunton, 125 Mass. 34. Exceptions overruled.

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Bluebook (online)

127 Mass. 522, 1879 Mass. LEXIS 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eidt-v-cutter-mass-1879.

Opinion

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