Bean v. Diamond Alkali Company

McQUADE, J.,

dissenting, and DONALDSON, J., concurring in the dissent.

Plaintiff Bean and the other witnesses called on his behalf were permitted over appellants’ objections to assert to the jury that the herbicide Dacthal W-75 caused extensive failure of Bean’s onion seed crop. This was prejudicial error for the following reasons.

Expert testimony has been defined generally in the following manner:

“Expert testimony is an opinion of a witness possessing peculiar knowledge, wisdom, skill, or information regarding the subject-matter under consideration, acquired by study, investigation,…