Opinion

Commonwealth v. Rodziewicz

  • 213 Mass. 68
  • 99 N.E. 574
  • 1912 Mass. LEXIS 666
Court
Massachusetts Supreme Judicial Court
Filed
Oct 19, 1912
Status
Published
Author
Loring
On the bench
Loring
Cited by
7 cases
Authority
More cited than 82.5%

The opinion

Loring, J.

The testimony of the witness as to the conclusions drawn by him from what he saw was not admissible as the conclusions made by an ordinary witness from observation of things which cannot be reproduced and therefore although involving opinion admitted ex necessitate, as to which see Commonwealth v. Sturtivant, 117 Mass. 122, 133 ; Beverley v. Boston Elevated Railway, 194 Mass. 450 ; Partelow v. Newton & Boston Street Railway, 196 Mass. 24 ; Jenkins v. Weston, 200 Mass. 488 .

Doubtless there are cases where the effect of some kinds of fire upon some kinds of material substance is not a matter of ordinary experience or knowledge such as men in general understand and comprehend. But the kind of fire pr fires which char ordinary mop-boards, sheathing and partitions and burn holes through an ordinary wooden floor without any charring or burning between *70 is not one of them. See in this connection State v. Watson, 65 Maine, 74; Wood v. Chicago, Milwaukee & St. Paul Railway, 40 Wis. 582 ; Higgins v. Dewey, 107 Mass. 494 ; Lyman v. State Mutual Fire Ins. Co. 14 Allen, 329 ; Fireman’s Ins. Co. v. J. H. Mohlman Co. 33 C. C. A. 347 ; 91 Fed. Rep. 85.

The entry must be

Exceptions sustained.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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