Harney v. Shaw

Decided March 22, 1886

Massachusetts Supreme Judicial Court · decided 1886-03-22

Tort for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: On March 4, 1882, the date of the plaintiff’s injury, and for some time before, the plaintiff, with her family, occupied a tenement in a dwelling-house on Boylston Avenue, in the city of Boston.

Cited by 1 later decisions — most recently September 1956

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1886-03-22

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C. Allen, J.

¶1We do not understand from the bill of exceptions that the plaintiff offered direct testimony of experienced builders, acquainted with the work embraced in the alleged subcontract, to show that the price named was much below a fair price for that work. Their opinion of value was tó be based on *342an estimate of the necessary amount of lumber, which itself, so far as we can see, was an uncertain element. This was too remote. The case does not fall within the principle of the decisions cited for the plaintiff.

¶2Exceptions overruled.