Masonic Mutual Benefit Society v. Lackland
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon. W. H. Horner, Judge. An expert cannot be called upon for an opinion, where its expression operates merely to substitute the expert for the jury. The opinions of witnesses should not be received as evidence, where all the facts upon which such opinions are founded can be ascertained and made intelligible to the court or jury.
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Appeal from St. Louis City Circuit Court.— Hon. W. H. Horner, Judge. An expert cannot be called upon for an opinion, where its expression operates merely to substitute the expert for the jury. The opinions of witnesses should not be received as evidence, where all the facts upon which such opinions are founded can be ascertained and made intelligible to the court or jury. City v. McGiven, 78 Ill. 347. So questions to witnesses, called as experts, are improper which, failing to embody facts hypothetically, directly called upon the witness to put himself in place of the jury, and pass upon the…
1Opinion of the CourtSherwood, J.
Action on the bond of Luke, who was secretary of the association, Gerard B. Allen and, Edwin Harrison being his sureties. By way of avoidance of the bond, the defendant sureties pleaded that prior to its execution Luke had been a defaulter to the association, that this fact was well known to the executive committee and the officers of plaintiff ; but that such knowledge was not communicated to said defendants, and they were allowed to become bondsmen in ignorance of such material and damaging facts. Issue was joined on this plea, and the cause was referred to Alexander Martin to try all of…
2Cases cited2 opinions
- Margrave v. AusmussSupreme Court of Missouri · 1873
- Ritchie v. KinneySupreme Court of Missouri · 1870
3Cited by15 opinions
- Bartley v. StateNebraska Supreme Court · 1898
- Laughlin v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1918
- Schlereth v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Britton v. City of St. LouisSupreme Court of Missouri · 1894
- State v. EwertSouth Dakota Supreme Court · 1928
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