Welch v. Keene Corporation, 31 Mass. App. Ct. 157 (1991)
"Evidence of tests or experiments (here a videotaped experiment), which do not exactly replicate the conditions giving rise to the alleged injury, are admissible upon a showing of adequate test controls where there is a substantial similarity between experimental conditions and the conditions that gave rise to the litigation."
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Welch v. Keene Corp., 575 N.E.2d 766, 31 Mass.App.Ct. 157 (1991)
Summary charts of voluminous evidence are permissible if they are accurate and fair, although "care must be taken to insure that summaries accurately [31 Mass.App.Ct. 166] reflect the contents of the underlying documents and do not function ...
Marques v. Bellofram Corporation, 28 Mass. App. Ct. 277 (1990)
The videotape intended to make graphic one or more of Bellofram's contentions or theories and was admissible for to show human error; negligence.
Kelly v. Kelly, 50 Mass.App.Ct. 1101 (2000)
Generally, a party may not present an argument on appeal that has not been presented in the trial court. White v. White, 40 Mass.App.Ct. 132, 133 (1996); Liacos, Massachusetts Evidence §3.8.1 (7th ed. 1999) ("Failure to object to offered evidence ...
White v. White, 40 Mass.App.Ct. 132 (1996)
Failure to Object The father did not object to the judge permitting the witness to testify in private. [ 2] "Ordinarily, a party is not entitled to present an argument on appeal on an issue not presented in the court below." Atlas Tack Corp. v. ...
Commonwealth v. Mimless, 760 N.E.2d 762, 53 Mass.App.Ct. 534 (2002)
“A thirty-four page bar chart depicting the hours the defendant billed Medicaid each day was used as a chalk at trial. "A judge . . . has `considerable, but not unrestrained, discretion as to the degree to which chalks can be used.'" Commonwealth v. ...