Sallee v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spenceb, Judge. (1) The court erred in permitting plaintiff to testify to “the amount of damage done” to his horse and wagon, in response to a question to that effect put by his counsel. It was for the jury, or court sitting as a jury, and not for the witness, or the witnesses, to determine the amount of damage.
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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spenceb, Judge. (1) The court erred in permitting plaintiff to testify to “the amount of damage done” to his horse and wagon, in response to a question to that effect put by his counsel. It was for the jury, or court sitting as a jury, and not for the witness, or the witnesses, to determine the amount of damage. The witnesses should be confined to testifying to facts; they may he permitted to state values, and even to express opinions on values, but they should never be permitted to testify to the amount of damage. This is the…
1Opinion of the CourtValliant, J.
This suit was instituted before a justice of the peace against the city of St. Louis and one Hellstern to recover damages which plaintiff claims to have sustained in injuries to his person and in the breaking of his buggy and harness and injury to his horse, occasioned as he asserts by the negligence of the defendants in suffering a dead horse to remain in one of the public streets of the city, which frightened plaintiff’s horse, causing it to run away.
Upon the trial before the justice there was a verdict for the defendant Hellstern, and for the plaintiff against the city for $62.45, from…
2Cases cited1 opinion
- Harman v. St. LouisSupreme Court of Missouri · 1897
3Cited by9 opinions
- Bean v. City of MoberlySupreme Court of Missouri · 1943
- Wiggins v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1906
- Von Der Haar v. City of St. LouisMissouri Court of Appeals · 1950
- Roth v. City of St. JosephMissouri Court of Appeals · 1912
- City of Albany v. BurtCourt of Appeals of Georgia · 1953
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