Carmody v. Aho

Based upon Beckman v. Schroeder, 224 Minn. 370, 28 N. W. (2d) 629, the majority holds that the trial court erred in receiving the expert *29opinion of Adolph Lee as to the location of the accident upon the highway. In that case, as indicated above, we held that it was error to admit the opinion of a deputy sheriff as to the point of collision between two automobiles involved in a highway collision.

Generally, before resort may be had to expert testimony, it should appear that the subject to which it relates is one not ordinarily within the knowledge of the average layman; and that the witness who…