Perkins v. Stickney

Massachusetts Supreme Judicial Court

Perkins v. Stickney

132 Mass. 217, 1882 Mass. LEXIS 52

Massachusetts Supreme Judicial Court·Decided January 30, 1882·Published·Cited by 39 cases

Opinion

Endicott, J.

Whether a witness who is called as an expert has the requisite qualifications and knowledge to enable him to testify, is a preliminary question for the court. The decision of this question is conclusive, unless it appears upon the evidence to have been erroneous, or to have been founded upon some error in law. Nunes v. Perry, 113 Mass. 274, 276. Commonwealth v. Sturtivant, 117 Mass. 122. In the case at bar, no such error is shown; on the contrary, it appears that the witness had no knowledge of the quality of the coal in question, except through the reports of his engineer. Exceptions overruled.

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Endicott, J.

Whether a witness who is called as an expert has the requisite qualifications and knowledge to enable him to testify, is a preliminary question for the court. The decision of this question is conclusive, unless it appears upon the evidence to have been erroneous, or to have been founded upon some error in law. Nunes v. Perry, 113 Mass. 274, 276. Commonwealth v. Sturtivant, 117 Mass. 122. In the case at bar, no such error is shown; on the contrary, it appears that the witness had no knowledge of the quality of the coal in question, except through the reports of his engineer. Exceptions overruled.

Perkins v. Stickney, 132 Mass. 217, 1882 Mass. LEXIS 52 (Mass. 1882).

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Opinion

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