Miscally v. Colonial Stores Inc.

During the progress of the trial the plaintiff of fered to testify: “It was very dirty, and had the appearance of having been walked over, under foot.” Counsel for the defendant objected to this testimony as calling for an opinion of the witness. The judge ruled: “She can describe its looks, but not give an opinion about it. I will exclude her opinion. Let her describe what it was. She can give a description of what it was.” Thereafter the witness, as to this phase, testified: “It was more than a mashed leaf. It was mashed and it was very dirty. You could not tell whether it was green or what…