Chicago, Burlington & Quincy Railroad v. Schaffer

Appellee recovered a judgment against appellant for §500 for damage occasioned by erecting and maintaining a railroad bridge across a water-course called “ Harkness Branch,” whereby the natural flow of water was obstructed, causing the land of appellee to be overflowed.

The first objection urged is to the admission of evidence offered by appellee, consisting of the opinions of witnesses as to the amount of damages. Counsel press the point that the witnesses should have been restricted to a description of the premises, leaving the jury to estimate the damages for themselves. Such testimony is…