Joy v. Hopkins

Error to the Oneida common pleas, to review a judgment of that court affirming a judgment rendered by a justice of the peace. The action in the justice’s court was for the breach of a warranty in the sale of a cow—that the animal was good and young. After evidence as to the warranty and the breach, the plaintiff’s counsel inquired of a witness who had seen the cow, what she would have been worth if good and young, and also what she would have been worth provided she gave four quarts of milk a day. The questions were severally objected to on the ground that they called for matters of opinion,…