Standish v. Washburn

Massachusetts Supreme Judicial Court

Standish v. Washburn

38 Mass. 237

CourtMassachusetts Supreme Judicial Court

DecidedOctober 26, 1838

StatusPublished

This text of 38 Mass. 237 (Standish v. Washburn) 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

Standish v. Washburn, 38 Mass. 237 (Mass. 1838).

Pincite

Opinion

Per Curiam.

Evidence that other meadows not similar to the plaintiff’s, were from natural causes rendered less productive, would clearly be inadmissible. The defendants did not prove that the meadow of the witness was similar, and that fact is not to be presumed. It was at so great a distance that it may well be supposed to have been influenced by causes not affecting the plaintiff’s meadow. The Court are of opinion that the rejection of the evidence offered by the defendants was right.

Judgment on the verdict.

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Per Curiam.

Evidence that other meadows not similar to the plaintiff’s, were from natural causes rendered less productive, would clearly be inadmissible. The defendants did not prove that the meadow of the witness was similar, and that fact is not to be presumed. It was at so great a distance that it may well be supposed to have been influenced by causes not affecting the plaintiff’s meadow. The Court are of opinion that the rejection of the evidence offered by the defendants was right.

Judgment on the verdict.

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Bluebook (online)

38 Mass. 237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/standish-v-washburn-mass-1838.