McCollum v. . Seward
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was to recover for work, labor and services. It was brought originally by plaintiff’s intestate.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was to recover for work, labor and services. It was brought originally by plaintiff’s intestate. "Upon the trial, after the then plaintiff had testified as to the character of the services he performed, the average length of time he was employed each day, etc., one Robinson was called as a witness, who, having testified that he heard the testimony of plaintiff, was asked: “What were his services, as he…
1Opinion of the CourtAndrews, J.
The question put to the witness Robinson is not subject to the objection that it called upon him to determine the truth of facts deposed to by the plaintiff before giving an opinion as to the value of his services. If the question was subject to the construction put upon it by the counsel for the defendants the objection was well founded. It was for the jury to determine the credit to be given to the plaintiff’s testimony, and the opinion of Robinson as to the value of the services founded upon the plaintiff’s evidence could only be given hypothetically, that is, assuming that the facts…
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- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
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