St. Louis, I. M. & S. Ry. Co. v. Edwards
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of tbe United States for the Eastern District of Arkansas. This action was brought in the circuit court of the United States for the Bast ern district of Arkansas by J. L. Edwards, the defendant in error, against the St. Louis, Iron Mountain & Southern Railway Company, the plaintiff in error, to recover' damages for negligently delaying the transportation of 847 head of cattle over the defendant’s road.
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In Error to the Circuit Court of tbe United States for the Eastern District of Arkansas. This action was brought in the circuit court of the United States for the Bast ern district of Arkansas by J. L. Edwards, the defendant in error, against the St. Louis, Iron Mountain & Southern Railway Company, the plaintiff in error, to recover' damages for negligently delaying the transportation of 847 head of cattle over the defendant’s road. The plaintiff in the action recovered judgment' in the lower court, and the defendant sued out this writ of error. The cattle were detained in the defendant’s…
1Opinion of the CourtCaldwell, Circuit Judge
The objection to the testimony was, not that the witness was not qualified to give an opinion as to the damage to the cattle, but it was that the question “called for an opinion as to values, which was wholly within the province of the jury.” The general rule undoubtedly is that witnesses are to testify to facts, and not to give their opinions; but this rule has its exceptions as familiar and well settled as the rule itself. The exceptions rest upon the common ground of necessity. Among these exceptions is this one: That a witness, having special knowledge and experience'as to the value of…
2Cases cited16 opinions
- Montana Railway Co. v. WarrenSupreme Court of the United States · 1890
- Clark v. . BairdNew York Court of Appeals · 1853
- Gulf, C. & S. F. R. Co. v. WashingtonCourt of Appeals for the Eighth Circuit · 1892
- Swan v. County of MiddlesexMassachusetts Supreme Judicial Court · 1869
- Cooper v. RandallIllinois Supreme Court · 1871
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- The RosaliaCourt of Appeals for the Second Circuit · 1920
- United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
- Chicago G. W. Ry. Co. v. PriceCourt of Appeals for the Eighth Circuit · 1899
- Western Coal & Mining Co. v. BerberichCourt of Appeals for the Eighth Circuit · 1899
- Golden Reward Min. Co. v. Buxton Min. Co.Court of Appeals for the Eighth Circuit · 1899
7 more not listed; retrieve them via the Exa API.