3 Mass. App. Ct. 54 | Mass. App. Ct. | 1975
This petition under G. L. c. 79 for the assessment of the damages arising out of a taking by eminent domain is here on the petitioner’s exceptions to the judge’s refusal to allow two questions put by the petitioner during its cross-examination of the only expert witness called by the respondent. The questions were put and excluded in the following circumstances.
Counsel for the petitioner developed the facts that the witness was employed by the respondent as a “review appraiser,” who “reviews data submitted by other... appraisers in formulating his opinion” and who “sets the value of the property”; that the witness had been assigned as “the review appraiser on this project”; and that in connection with the preparation of his own appraisal of the property in question he had “reviewed” the appraisals of two other named “independent fee appraisers” who had also been employed by the respondent but who had not been called
There was no error. It is settled that an expert witness may not, under the guise of stating the reasons for his opinion, testify to matters of hearsay in the course of his direct examination unless such matters are admissible under some
If (as we do not decide) the judge had discretion to permit the answers to the particular questions asked in this case (see Peirson v. Boston Elev. Ry. 191 Mass. 223, 233-234 [1906]; Newton Girl Scout Council, Inc. v. Massachusetts Turnpike Authy. 335 Mass. 189, 199 [1956]; Hughes, Evidence, §327, pp. 411-412, 414 [1961]), there was no abuse. The petitioner did not pursue the question of the extent to which the witness’ opinion might have been influenced by either or both of the opinions of the other appraisers (see Kuklinska v. Maplewood Homes, Inc. 336 Mass. 489, 495-496 [1957]; Quirk v. Maynard, 360 Mass. 845 [1971]). To have admitted those opinions might well have led to further questions as to the reasons for the opinions and as to the still further hearsay considered in the formulation thereof. Compare Wenton v. Commonwealth, 335 Mass. 78, 83 (1956).
Exceptions overruled.
The most succinct statement of purpose was, “Simply cross-examination. He has testified [to] one of the things he considered. I am entitled to interrogate him on everything he considered.”
The petitioner agrees in its brief that such was the basis of the judge’s ruling.