James E. Watkins Co., Inc. v. Peterson Motor Express

• Decision Date: 01 December 1936
• Citation: James E. Watkins Co., Inc. v. Peterson Motor Express, 88 N.H. 476, 188 A. 461 (N.H. 1936)
• Court: New Hampshire Supreme Court
• Parties: JAMES E. WATKINS CO., Inc. v. PETERSON MOTOR EXPRESS.

188 A. 461

JAMES E. WATKINS CO., Inc.

v. PETERSON MOTOR EXPRESS.

Supreme Court of New Hampshire. Strafford.

Dec. 1, 1936.

Action by James E. Watkins Company, Inc., against the Peterson Motor Express.Verdict for plaintiff.

Judgment on the verdict.

Case, for negligence in damaging the plaintiff's truck.The trial resulted in a plaintiff's verdict.On the issue of damages the court(Sawyer, C. J.) permitted a witness to state his opinion of the value of the truck before and after the accident.The defendant excepted to the evidence on the ground that evidence of sufficient qualification of the witness had not been received.The witness had conducted a motor vehicle repair shop for over 20 years and sold used cars and some small trucks.

William H. Sleeper, of Exeter, for plaintiff.

Devine & Tobin, of Manchester, for defendant.

PER CURIAM.

The business and experience of the witness entitled the court to find as a reasonable inference that he was familiar with the market value of automobile trucks of all sizes and both new and used.The defendant's chief contention, however, is that the witness had not seen the plaintiff's truck before, and especially after, the accident.The hypothetical questions asked the witness assumed a description...