Nesbit v. Shisler
Missouri Court of Appeals
Appeal from Franklin Circuit Court. — Hon. B. A. Breuer, Judge. The rule has always been that before the witness would be allowed to express an opinion on the value of services, it ipust first be shown that the witness knew the value of such services. Naughton v. Stagg, 4 Mo. App. 275; Schrodt v. St. Joseph, 1091 Mo. App: '630; Lorrance v. Coryl, 4 Den.
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Appeal from Franklin Circuit Court. — Hon. B. A. Breuer, Judge. The rule has always been that before the witness would be allowed to express an opinion on the value of services, it ipust first be shown that the witness knew the value of such services. Naughton v. Stagg, 4 Mo. App. 275; Schrodt v. St. Joseph, 1091 Mo. App: '630; Lorrance v. Coryl, 4 Den. (N. Y.) 370. (1) The value of ordinary labor is a matter of such common knowledge that almost any intelligent citizen may be presumed to know it, and one who employs such labor may well be regarded competent to testify concerning it. Bogue v.…
1Opinion of the CourtAllen, J.
This is an action for work and labor performed by plaintiff for the defendant, as bookkeeper and paymaster for defendant’s hands or farm laborers. The account filed with the petition covers a period of twenty and one-half months, at ten dollars per month, totaling $205. The cause was tried before the court without a jury, no instructions or declarations of law being asked or given. The finding of the court was in *567favor of plaintiff for the sum sued for, and the defendant has appealed.
But one question is involved in the appeal, and that pertains to the action of the lower court in permitting…
2Cases cited11 opinions
- Mercer v. . VoseNew York Court of Appeals · 1876
- Storms v. LemonIndiana Court of Appeals · 1893
- Kelly v. RowaneMissouri Court of Appeals · 1889
- Missouri Pacific Railway Co. v. PalmerNebraska Supreme Court · 1898
- Wahl v. ShouldersIndiana Court of Appeals · 1896
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3Cited by6 opinions
- General Aggregate Corp. v. LaBrayereMissouri Court of Appeals · 1984
- Ashley v. WilliamsSupreme Court of Missouri · 1955
- Beardsley v. BeardsleyMissouri Court of Appeals · 1991
- In re the Estate of KunzlerMissouri Court of Appeals · 1977
- Coogan Finance Corp. v. BeatcherCalifornia Court of Appeal · 1932
1 more not listed; retrieve them via the Exa API.