Eyerman v. Sheehan
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. Witnesses must give facts and not opinions. (Dickinson vs. Johnson, 24 Ark., 251.) The exceptions to the rule are confined to cases where from the nature of the subject of inquiry, facts disconnected from opinions cannot be so presented to the jury as to enable them to pass upon the question presented with the requisite knowledge and judgment.
Read the full summary
Appeal from St. Louis Circuit Court. Witnesses must give facts and not opinions. (Dickinson vs. Johnson, 24 Ark., 251.) The exceptions to the rule are confined to cases where from the nature of the subject of inquiry, facts disconnected from opinions cannot be so presented to the jury as to enable them to pass upon the question presented with the requisite knowledge and judgment. (Newmark vs. Liver pool Fire Insurance Co., 30 Mo., 160.) The opinions of these witnesses were not receivable simply because they had seen the work at intervals while it was going on. (Robertson vs. Starke, 15 N. IL,…
1Opinion of the CourtEwing, Judge
This was an action to recover a balance of $1,959.40 for stone sold and delivered by the plaintiff to the defendants at the water-works reservoir on Compton Hill in St. Louis, an account of which is set forth in the petition.
The defendants in their answer deny that plaintiff delivered stone in the quantity or of the quality alleged in the petition. They allege that they made a contract with the plaintiff by which he agreed to deliver stone of a quality, quantity and of dimensions particularly set forth in the answer, and which should pass the inspection of the engineer. They allege a breach…
2Cases cited1 opinion
- Fitzgerald v. HaywardSupreme Court of Missouri · 1872
3Cited by14 opinions
- Turner v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1940
- State v. PatrickSupreme Court of Missouri · 1891
- Denney v. Spot Martin, Inc.Missouri Court of Appeals · 1959
- Standley v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1906
- Haymaker & Crookshanks v. Adams & SonMissouri Court of Appeals · 1895
9 more not listed; retrieve them via the Exa API.