Shuman v. Ruud
North Dakota Supreme Court
Appeal from the District Court of Pierce County; Burr, J. It is proper to receive expert testimony as to the prices usually and customarily charged by persons in the same profession and in the same locality. But such witnesses should be left to form and frame their own answers as to-the value of the services rendered, instead of having tha amount charged included in improper hypothetical questions. 2 Enc. Ev. p. 165; Spencer v. Collins, 20 Ann.
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Appeal from the District Court of Pierce County; Burr, J. It is proper to receive expert testimony as to the prices usually and customarily charged by persons in the same profession and in the same locality. But such witnesses should be left to form and frame their own answers as to-the value of the services rendered, instead of having tha amount charged included in improper hypothetical questions. 2 Enc. Ev. p. 165; Spencer v. Collins, 20 Ann. Cas. 55, note; Maneaty v. Steele, 112 111. App. 19. Expert opinion evidence on the question of the value of the services rendered by an attorney is…
1Opinion of the CourtGoss, J.
Plaintiff recovered of defendant a verdict for $210 as a balance of attorney fees. Not satisfied with his recovery, plaintiff moved for judgment notwithstanding the verdict for $370, claiming that the undisputed expert testimony of plaintiff and an expert witness as to the value of attorney fees rendered by plaintiff conclusively established their value to be $370, and hence that there had been no issue on the question of value for the jury to pass upon. The motion was granted, and judgment non obstante veredicto was ordered for $370 and interest. From this judgment defendant appeals.
The…
2Cases cited6 opinions
- Head v. HargraveSupreme Court of the United States · 1882
- Babbitt v. BumpusMichigan Supreme Court · 1889
- Zimmer v. KilbornCalifornia Supreme Court · 1913
- Hull v. City of St. LouisSupreme Court of Missouri · 1897
- Larscheid v. KittellWisconsin Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Butler v. &198tna Insurance Co.North Dakota Supreme Court · 1934
- Klundt v. PfeifleNorth Dakota Supreme Court · 1950
- Dunn v. DeitschelIndiana Supreme Court · 1930
- Bolen v. DolphNorth Dakota Supreme Court · 1932
- Ackerman v. FischerNorth Dakota Supreme Court · 1952
1 more not listed; retrieve them via the Exa API.