Spear v. Richardson
Supreme Court of New Hampshire
Assumpsit, on a warranty that a horse sold by the defendant to the plaintiffs was sound. The plaintiffs contended that the horse for a year or more before the sale, had had, at times or constantly, a cough, which resulted either before or after the sale, in the disease known as the heaves, and that this affection was, at the time of the sale, such as to constitute unsounduess, as alleged in the declaration.
Read the full summary
Assumpsit, on a warranty that a horse sold by the defendant to the plaintiffs was sound. The plaintiffs contended that the horse for a year or more before the sale, had had, at times or constantly, a cough, which resulted either before or after the sale, in the disease known as the heaves, and that this affection was, at the time of the sale, such as to constitute unsounduess, as alleged in the declaration. To show the horse to be thus unsound, the plaintiffs introduced the depositions of several witnesses, as to the condition of the horse after the sale, when he was kept by the plaintiffs,…
1Opinion of the CourtEastman, J.
The opinions of witnesses cannot ordinarily be received as evidence, unless they relate to matters of skill and science ; and then, not till after laying the proper foundation by showing the witnesses to be competent to give an opinion. Robertson v. Stark, 15 N. H. 109; Hoit v. Moulton, 1 Foster 586; Patterson v. Colebrook, 9 Foster 94.
There is, however, oftentimes difficulty in applying the rule. The statement of a witness may be so far compounded of matter of fact and matter of opinion, as to make it not easy to draw the line and separate the one from the other. And the present is a case of…
2Cited by3 opinions
- Hardy v. MerrillSupreme Court of New Hampshire · 1875
- Lang v. StockwellSupreme Court of New Hampshire · 1875
- Lang v. StockwellSupreme Court of New Hampshire · 1875