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125 Mass. 585

Eastham v. Riedell

Massachusetts Supreme Judicial Court

Decided November 13, 1878

Massachusetts Supreme Judicial Court · decided 1878-11-13

<p>On the issue of ordinary care by a bailee, if the evidence is conflicting as to the circumstances of the case, a question to an expert, as to the practice and care of others in the same business as the defendant, “ under like circumstances,” may properly be excluded.</p>

Decided 1878-11-13

By the Court.

¶1The testimony admitted as to the circumstances of the case on trial was conflicting, and the inquiry as te *587the practice and the care of other stable-keepers “ under like circumstances ” might therefore be properly excluded as affording no definite basis for the testimony and the opinion of the witnesses. Exceptions overruled.

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