Legal Opinion

Scott v. Hogan

Supreme Court of Iowa

Decided October 14, 1887PublishedCited by 17 opinions

Appeal from Lyon District Court. AotioN to recover the value of a mare, alleged to have been so injured through negligence in breeding her to defendant’s horse, as to cause her death. There was a judgment upon a verdict for plaintiff. Defendants appeal.

1Opinion of the CourtBeck, J.

i. ítbgltgene-stauionfopin-ion of witness. -I. The groom who attended to the horse when serving plaintiff’s mare was asked if he exercised “good caafi°n ” in the business. He replied that he did. The evidence, upon motion of plaintiff, was rightly g^.jcPen out. It expresses the witness’judgment or opinion that he exercised “good caution.” This was not competent. He should have stated what he did; the jury determining whether it constituted proper care or “good caution.”

noiesubse-quentiygiven, II. After the injury, plaintiff gave to defendant his promissory note for the services of the horse.…

2Cited by17 opinions

  1. Gulf, C. & S. F. R. Co. v. WashingtonCourt of Appeals for the Eighth Circuit · 1892
  2. Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
  3. Orr v. Des Moines Electric Light Co.Supreme Court of Iowa · 1928
  4. Hanen v. LenanderSupreme Court of Iowa · 1916
  5. Triay v. SealsSupreme Court of Florida · 1923

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