Sunderlin v. Wyman — 1 Thomp. & Cook 17

Majority

p. 17

Sunderlin v. Wyman, appellant.

Headnote

Evidence — value — estimate from description — sick animal.

In an action for the conversion of horses a witness was permitted to testify to the condition and value of the horses in April, although the conversion occurred the succeeding fall. Held, that the time in question was too remote from that of the conversion to make the evidence of value.

One witness having described a horse another witness was asked, " What was the value of the other horse as described by S.” (the previous witness) ? Held, improper and the evidence sought incompetent. Witness could not give an opinion as to value founded on the description, of another.

When a horse is sick a witness cannot be permitted to estimate him as sound if the sickness detracts any thing from his value.

II. 0. Kingsbury, for appellant.

Morris & Russell, for respondent.

The opinion is devoted to a consideration of exceptions to rulings of a referee upon evidence. The head note refers to all that is of value therein.

Judgment reversed and new trial granted.