Marshall v. Columbian Mutual Fire Insurance
Superior Court of New Hampshire
Assumpsit, upon a policy of insurance against fire, for $300, on the plaintiff’s building, finished partly into a dwelling house and partly into a store, and $300 on the stock in trade in the store. Plea, the general issue.
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Assumpsit, upon a policy of insurance against fire, for $300, on the plaintiff’s building, finished partly into a dwelling house and partly into a store, and $300 on the stock in trade in the store. Plea, the general issue. Upon the trial the plaintiff introduced the deposition of Milton Prock, who testified that he was a house joiner, and had always been engaged in that as his business ; that he had worked at it himself for many years, and had built a great many houses by contract, employing a great many hands in the prosecution of that business; that during the three preceding years he had…
1Opinion of the CourtEastman, J.
The opinions of witnesses are not receivable in this State as competent evidence, except on questions of science, skill, and trade, and others of a like kind; subjects concerning which it is supposed that the jury do not possess general information. Concord Railroad v. Greeley, 3 Foster’s Rep. 237. In all cases where the jury are presumed to have the necessary information to enable them to make the proper inference from the facts,'the opinions of witnesses are not received.
Thus it has been held that evidence as to the value of land is not a question of the character to require the opinion of…
2Cases cited12 opinions
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Livingston & Gilchrist v. Maryland InsuranceSupreme Court of the United States · 1813
- Masters v. Madison County Mutual InsuranceNew York Supreme Court · 1852
- Carpenter v. American Ins.U.S. Circuit Court for the District of Rhode Island · 1839
- Egan v. Mutual InsuranceNew York Supreme Court · 1848
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3Cited by1 opinion
- Hadley v. N. H. Fire InsuranceSupreme Court of New Hampshire · 1875