Cunningham v. Springer
New Mexico Supreme Court
Error to the district court of San Miguel county, before William J. Mills, Chief Justice. Even in cases where experts are called upon to give an opinion based upon their own personal observation or examination, the facts upon which the opinion is founded must all be stated; otherwise the witness might be giving an opinion which would have great weight with the jury upon a state of facts very different from those found by them in the case on trial.
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Error to the district court of San Miguel county, before William J. Mills, Chief Justice. Even in cases where experts are called upon to give an opinion based upon their own personal observation or examination, the facts upon which the opinion is founded must all be stated; otherwise the witness might be giving an opinion which would have great weight with the jury upon a state of facts very different from those found by them in the case on trial. Hitchcock v. Burgett, 38 Mich., 507; Ttempsey v. McGinniss, 21 Mich. 137-139; People v. Augsbury, 97 N. T. 502. It is important in any ease that…
1Opinion of the Court
OPINION OP THE COURT.
M’FIE, J.
— Before proceeding to the consideration of the assignments of error, it seems advisable to give attention to one contention of the defendants in error which seems to go to the merits of this case. If sustained, it would seem to dispose of the case, but, in any event, it will aid the court in the consideration of the specific errors assigned. It is insisted by tbe defendants in error, that the verdict of the jury was rendered upon conflicting evidence; that it was fairly submitted to the jury by the court in its instructions, and that where such is the case, this…
2Cases cited10 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- Brobst v. BrockSupreme Court of the United States · 1871
- Heinemann v. . HeardNew York Court of Appeals · 1875
- Knapp v. . RocheNew York Court of Appeals · 1884
- Grove v. City of KansasSupreme Court of Missouri · 1882
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3Cited by21 opinions
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- State v. BaileyNew Mexico Supreme Court · 1921
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