Hill v. Louisville & Nashville Railroad
Supreme Court of North Carolina
1Opinion of the CourtAdams, J.
In the law of evidence no principle is more familiar than that which ordinarily excludes the opinion of a nonexpert witness. One who is called to testify is generally restricted to proof of facts within his personal knowledge, and is not permitted to express his opinion concerning matters which the jury are required to decide. Omne sacramentum debet esse de certa scientia. McKelvey says, “Upon the question of the. existence or nonexistence of any fact in issue, whether a main fact or evidentiary fact, the opinion of a witness as to its existence or nonexistence is inadmissible.” Evidence,…
2Cases cited11 opinions
- State v. Wilcox.Supreme Court of North Carolina · 1903
- Hitchcock v. BurgettMichigan Supreme Court · 1878
- State v. . BowmanSupreme Court of North Carolina · 1878
- Summerlin v. . R. R.Supreme Court of North Carolina · 1903
- Gilliland v. Board of Education.Supreme Court of North Carolina · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. WilkersonSupreme Court of North Carolina · 1978
- State v. CookSupreme Court of North Carolina · 1968
- State v. LindleySupreme Court of North Carolina · 1974
- Godfrey v. . Power Co.Supreme Court of North Carolina · 1925
- State v. . BrodieSupreme Court of North Carolina · 1925
12 more not listed; retrieve them via the Exa API.