Cannon v. Iowa City
Supreme Court of Iowa
Appeal from Johnson District Gourt. Action to recover for the alleged uegligeut grading and improving the streets of defendant, and suffering the gutters to become filled with debris, whereby, it is claimed, plaintiff’s propery has been overflowed and injured. Answer in denial. Jury trial. Yerdict and judgment for defendant. Plaintiff appeals. The necessary facts are stated in the opinion.
1Opinion of the CourtDay, J.
I. The plaintiff, having testified generally as to the acts of defendant, and the consequences to her property, was asked the following question : “ State, after making a calculation of the damage done by the flowing of said water on said lots as you have testified,- the aggregage amount of damage you suffered by the same ? ” Of the sustaining of the defendant’s objection to this question the plaintiff complains. The court ruled rightly. It is not competent to prove damage in this general way. The opinion of a witness, as to the amount of damage sustained, is not admissible. Prosser v.…
2Cited by1 opinion
- McNichols v. WilsonSupreme Court of Iowa · 1876