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Winchester v. Stoddard

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 1, 1901
62 App. Div. 623 (N.Y. App. Div. 1901)

Summary

In Stoddard v. Winchester, 157 Mass. 567 at 575, the court said: "An expert witness cannot be asked to give an opinion founded on his understanding of the evidence, against the objection of the other party, except in cases where the evidence is capable of but one interpretation."

Summary of this case from Henderson v. Dimond

Opinion

June Term, 1901.


Judgment affirmed, with costs. All concurred.


Summaries of

Winchester v. Stoddard

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 1, 1901
62 App. Div. 623 (N.Y. App. Div. 1901)

In Stoddard v. Winchester, 157 Mass. 567 at 575, the court said: "An expert witness cannot be asked to give an opinion founded on his understanding of the evidence, against the objection of the other party, except in cases where the evidence is capable of but one interpretation."

Summary of this case from Henderson v. Dimond

In Stoddard v. Winchester a part of the public way in which a trench for a water pipe had been dug six months before gave way, and in Brummett v. Boston a sidewalk gave way. For limitations on this principle under the circumstances to which it was applied in the last two cases, see Stoddard v. Winchester, 157 Mass. 567, and Bingham v. Boston, 161 Mass. 3.

Summary of this case from Tilton v. Haverhill

In Stoddard v. Winchester, 154 Mass. 149, there was a condition of the street that was likely to cause a defect in a time of storm, and the defect had been in existence about an hour before the accident.

Summary of this case from Craig v. Leominster

In Stoddard v. Winchester it is said, "It is not necessary that roads should be built according to the highest standards of engineering; and the practical rule that must be adopted in order to impose liability in such cases is, that the condition of the road must be such that danger may reasonably be apprehended at any time, and therefore ought to be guarded against."

Summary of this case from Campbell v. Boston
Case details for

Winchester v. Stoddard

Case Details

Full title:Myron D. Winchester, Respondent, v. Charles B. Stoddard and Others…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 1, 1901

Citations

62 App. Div. 623 (N.Y. App. Div. 1901)

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