159 Mass. 125 | Mass. | 1893
The immediate question of fact to be determined was why the car flew back. The plaintiffs contended that the reason was because the hooks were bent, defective, and rusty, so that they would not catch upon the truck frame. The defendant denied that the hooks were in that condition, and offered evidence tending to show that the hooks and the car were in good order
The evidence of the defendant’s expert was competent for similar reasons. It tended to show that the accident could be accounted for otherwise than by reason of a defect in the car. When he stated that a car might be in perfectly good order, and still fly back by reason of the fault of those that dumped it, it was not erroneous to allow him to add that he had seen it done. This served to show more clearly the value and weight of his opinion. Commonwealth v. Leach, 156 Mass. 99, and cases there cited.
Exceptions overruled.