The Ohio Nisi Prius Reports (volume 3)

Paperback | February 1, 2012

byOhio. Courts

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906. Excerpt: ... McLean, Adm'r, v. City of Cincinnati. Vol. lll, N. S. COMPETENCY AND EFFECT OF HYPOTHETICAL QUESTIONS. Superior Court of Cincinnati. General Term. William C. Mclean, As Administrator Of The Estate Of Peter Quincy, Deceased, V. The City Op Cincinnati. Decided. January, 1906. Hypothetical Questions--Are Competent. When--What Farts may be Assumed--Exaggeration of Facts--Charge of Court--V.'itfr Reference to Opinions of Experts--Evidence--Error, 1. A hypothetical question is not improper simply because it includes only a part of the facts in evidence, and counsel may assume the facts in accordance with his theory of them, if supported by the evidence of some of his witnesses. But if the hypothetical question contains material exaggerations of facts, and is unwarranted by any testimony in the case, it is improper and should not be allowed. 2. It is error to instruct a jury that the opinions of expert witnesses. based on hypothetical statements of fact, are of li-ttle value in case the jury find 'he hypothesis not in accordance with the facts. The jury should be Instructed that the opinions are of no value. Littleford, J.; Ferhis. J., and Rosea, J., concur. The petition in this ease asks damages for the death of Peter Quincy, who is alleged to have been fatally hurt through the negligence of the defendant. On October 27, 1902, the man was driving along Morris Place about 7 p. M., when his horse ran into an obstruction in the street upon which there was no red light or other warning of danger. The wagon was overturned and fell upon Quincy's leg. His leg and his head were hurt by the fall. His leg was not hurt very seriously, but he had pains in his head, sometimes severe, from the time he was hurt until his death. On December 11, 1902, forty-five days after his ...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906. Excerpt: ... McLean, Adm'r, v. City of Cincinnati. Vol. lll, N. S. COMPETENCY AND EFFECT OF HYPOTHETICAL QUESTIONS. Superior Court of Cinci...

Format:PaperbackDimensions:262 pages, 9.69 × 7.44 × 0.55 inPublished:February 1, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217097782

ISBN - 13:9780217097789

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