Cleveland & Pittsburgh Railroad v. Ball
Ohio Supreme Court
Petition in error to reverse the judgment of the Court of Common Pleas in affirmance of the judgment of the Probate Court of Jefferson county. The original proceeding was instituted by the plaintiff, in the probate court of Jefferson county, under the statute of April 30, 1852, relating thereto, for the appropriation of certain land belonging to the defendant, situate in said county, for the purpose of constructing thereon its railroad.
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Petition in error to reverse the judgment of the Court of Common Pleas in affirmance of the judgment of the Probate Court of Jefferson county. The original proceeding was instituted by the plaintiff, in the probate court of Jefferson county, under the statute of April 30, 1852, relating thereto, for the appropriation of certain land belonging to the defendant, situate in said county, for the purpose of constructing thereon its railroad. On the 20th of June, 1853, a jury was empanneled to assess the damages, and sent out to view the premises sought to be appropriated, and on their return into…
1Opinion of the CourtBartley, C. J.
The first Inquiry presented in this case, is, whether the court below erred in admitting the opinions of witnesses as evidence to show the damages which the appropriation would occasion to the defendant. This is fully answered by the determination of this court at the last term, in the case of The Atlantic and Great Western Railroad Company v. Campbell, 4 Ohio St. Rep. 583. The general rule that the testimony of witnessees is confined to a statement of facts coming from observation, knowledge and recollection, as distinguished from the mere opinion or inference of a witness, is a safe rule,…
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