A Treatise On the Civil Jurisdiction of Justices of the Peace in the State of New York

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P. 4 Duer. 116.
Oregon, 92. 4 Kansas, 211. See 10 Micli. " 29 Barb. 180 ; but see 30 N. Y. 355.
155. 30Ind. 335. "44 Barb. 518.
820 E^AMINATIOlf OF WnNESSES.
nor wlietbier certain acts are waste or not;^ nor whether certain paymen^is were proper for a minor.' Where the action is for neglir gence, even an espert who was connected with the injury cannot be asked whether the damage was caused by his negligence, or by th^,^ of another.^ The opinion of a physician upon a question not involyrng medic
...al skill is not admissible evidence.* A witness cannot give his opinion of the value of another person's tirae.^ Whether or not a person is an expert, is for the justice to determine ; his decision thereon is subject to review as in other cases.^ In Michigan and Indiana, contrary to the rule in some states, an expert is allowed to give hie opinion whether or not a note has been altered,' The value of property, personal and real, may also be proved by the opinion of those who are acquainted with its value.® If there is no evidence of the value of goods at the place where they were to be delivered, or where, for other reasons, the cause of action arose, evidence is admissible of their value at other places in that neighborhood, and also at distant places, in connection with prqof of the expense of transportation between the two places.' If the witness does not know the qualities of the property, as, for instance, of an animal, he cannot give his opinion of its value.^" A person who has been a farmer, but is now a mechanic, may, nevertheless, speak of the value of land in his neighborhood." The difference in value of property in one condition, and in another, cannot be shown by the opinions pf witnesses.^ It is said, in Illinois, that everyone is supposed to have some idea of the value of such property as is in general use, and, therefore, it is not necessary to have a droves or butcher to prove the value of a cow.^' A competent Mritness may give his opinion of the value of a dog ;" but one cannot be asked the amount of damages; facts must be given from which they may be ascertained.^^ In like manner, those acquainted therewith may give their opinion of the ' 6 SeM.

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