Section 79B. Statements of facts of general interest to persons engaged in an occupation contained in a list, register, periodical, book or other compilation, issued to the public, shall, in the discretion of the court, if the court finds that the compilation is published for the use of persons engaged in that occupation and commonly is used and relied upon by them, be admissible in civil cases as evidence of the truth of any fact so stated.
Notes of Decisions
Cited in
14
cases, 1961–2018 · leading case:
Mazzaro v. Paull, 363 N.E.2d 509 (Mass. 1977).
Mazzaro v. Paull, 363 N.E.2d 509 (Mass. 1977).
· cites it 8× “5 *649 While the plaintiffs did not urge upon the trial judge any particular grounds of admissibility of the directory, in this court they contend that it should have been admitted under G. L. c. 233, § 79B. General Laws c. 233, § 79B, inserted by St.”
N.E. Physical Therapy Plus, Inc. v. Liberty Mut. Ins., 995 N.E.2d 57 (Mass. 2013).
· cites it 4× “Liberty Mutual claimed that the statistical evidence was admissible pursuant to G. L. c. 233, § 79B (§ 79B), which creates a limited exception to the hearsay rule for factual statements contained in commercial publications.”
Torre v. Harris-Seybold Co., 404 N.E.2d 96 (Mass. App. Ct. 1980).
· cites it 3× “A copy of the original resolution of approval and a pamphlet from the board of standards were offered to the court solely under G. L. c. 233, § 79B, inserted by St. 1947, c.”
Productora E Importadora De Papel v. Fleming, 383 N.E.2d 1129 (Mass. 1978).
“If the questions were aimed at establishing a foundation for admissibility as a trade publication under G. L. c. 233, § 79B, there was no need for counsel first to qualify Whittemore or Saltus as an expert on prices.”
Rice v. James Hanrahan & Sons, 482 N.E.2d 833 (Mass. App. Ct. 1985).
“185C, § 21 (housing report); G. L. c. 233, § 79B (“Statements of facts of general interest” contained in public compilations for the use of persons engaged in a particular occupation and relied on by them); Mass.”
Hollander v. Vernick, 103 N.E.3d 1240 (Mass. App. Ct. 2018).
· cites it 6× “233, § 79C, or, alternatively, G. L. c. 233, § 79B. In an attempt to comply with the evidentiary requirements of both statutes, the plaintiff informed the motion judge that he intended to introduce biographical information about the publication authors, including an undated…”
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