Rochester & Syracuse Railroad v. Budlong
New York Supreme Court
This is an appeal from the appraisal of certain lands belonging to the appellant, by commissioners appointed by this court pursuant to § 15 of the general railroad act passed April 2,1850. Upon the hearing before the commissioners, a witness called by the appellant, was asked, what would be the injury to the appellant’s farm arising from the construction of the respondent’s road; and what would be its diminution in value from the same cause 1 These questions were objected to…
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This is an appeal from the appraisal of certain lands belonging to the appellant, by commissioners appointed by this court pursuant to § 15 of the general railroad act passed April 2,1850. Upon the hearing before the commissioners, a witness called by the appellant, was asked, what would be the injury to the appellant’s farm arising from the construction of the respondent’s road; and what would be its diminution in value from the same cause 1 These questions were objected to by the respondents, and excluded by the commissioners.
1Opinion of the Court
By the court—Selden, Justice.
Were the questions proposed properly overruled 1
This inquiry calls for an examination of the principles upon which the opinions of witnesses are received as evidence upon the trial of issues of fact. I shall not attempt any elaborate analysis of the doctrines advanced in the numerous and conflicting decisions upon this subject, but shall content myself with noticing a few of the leading ideas connected with it.
The general rule, that testimony should consist of facts, and not opinions, is conceded by all. The difficulty lies in defining the exceptions to this rule,…
2Cases cited2 opinions
- Norman v. WellsNew York Supreme Court · 1837
- Rambler v. TryonSupreme Court of Pennsylvania · 1821
3Cited by5 opinions
- Wray v. Knoxville, LaFollette & Jellico RailroadTennessee Supreme Court · 1904
- Roberts v. New York Elevated RailroadNew York Court of Appeals · 1891
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- Roberts v. New York Elevated RailroadNew York Court of Appeals · 1891