Legal Opinion

Lant v. Rasines

Appellate Terms of the Supreme Court of New York

Decided June 15, 1896Published

Appeal from judgment of the General Term of the City Court,, .affirming a judgment in favor of the plaintiff, and an order denying a motion for a new trial.

1Opinion of the CourtDaly, P. J.

The rule with respect to questions'put to expert witnesses on the subject'of value is, as stated by Judge Gray, in Link v. Sheldon, 136 N. Y. 1, “An expert witness should be confined to questions which contain in themselves the facts assumed "to be proven upon which his opinion is desired.” There is an ex-, ception to the rule, and that is where the testimony of a single witness is called to the attention of the expert- arid he is asked a . question, based upon the testimony of that witness. It is there the same as if the testimony had been read over to him and embodied' in the question.…

2Cases cited4 opinions

  1. Link v. . SheldonNew York Court of Appeals · 1892
  2. McCollum v. . SewardNew York Court of Appeals · 1875
  3. Seymour v. . FellowsNew York Court of Appeals · 1879
  4. Miller v. RichardsonNew York Supreme Court · 1895

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