Shepherd v. Midland Mutual Life Ins.

As a preliminary question to be considered, the defendant insists that the trial court erred in admitting opinion evidence of the physicians that the insured’s injury was caused by external and violent means, because this question was an ultimate one for the jury.

Many courts hold that, although a witness may be qualified to give an opinion on a subject which may be pertinent to the issue, nevertheless an opinion, whether expert or otherwise, may not be admitted when it touches the very issue before the jury. See 7 Wigmore on Evidence (3 Ed.), 18, Section 1921; Ohio & Indiana Torpedo Co. v.…