Lester v. Town of Pittsford
Supreme Court of Vermont
This was an action on the case for the insufficiency of one of the public roads in the,town of Pittsford, to recover damage for the loss of ahorse belonging to the plaintiff, through the alleged insufficiency or want of repair of said road.
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This was an action on the case for the insufficiency of one of the public roads in the,town of Pittsford, to recover damage for the loss of ahorse belonging to the plaintiff, through the alleged insufficiency or want of repair of said road. On the trial of the case, the plaintiff offered evidence, tending to prove, that the road in question was a dugway, winding round the brow of a hill, and was but fifteen feet wide at the place where the plaintiff’s horses run off said road. — That the side where the horses went off was the lowest part of the face of the road, and that there was no railing,…
1Opinion of the Court
The opinion of the court was delivered by
Phelps, J.
The testimony offered in this case, of the opinion of the witnesses as to the sufficiency of the road, was properly rejected. The opinion of professional men, upon matters depending upon any particular science, or skill in any particular art, is always admissible. Such is the testimony of physicians and surgeons, as to the causes of death, insanity, or the like, and that of artists, me-chanists, he. as to matters connected with their particular art.
So also, testimony of opinion may be given, where, from the general and indefinite nature of…
2Cited by19 opinions
- State v. PikeSupreme Court of New Hampshire · 1870
- Beaubien v. CicotteMichigan Supreme Court · 1864
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Fairchild v. BascombSupreme Court of Vermont · 1862
- Hyde v. Town of JamaicaSupreme Court of Vermont · 1855
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