 Where the court or jury can make their own deductions, they shall not be made by those testifying. In all cases, therefore, where it is possible to inform the jury fully enough to enable them to dispense with the opinions or deductions of witnesses from...  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 35by Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, Hovey K. Clarke, John Adams Brooks, Hoyt Post, Marquis B. Eaton, Henry Allen Chaney, James M. Reasoner, William Dudley Fuller, Herschel Bouton Lazell, Richard W. Cooper - 1864Full view - About this book
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1892 - 830 pages
...a man could, followed by a full description of the manner in which he was driving ; the rule being that, where the court or jury can make their own deductions, they shall not be made by witnesses, but, where the witness gives fully and succinctly the facts upon which he bases his conclusion,... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1912 - 712 pages
...as to any facts connected therewith. (Yarber v. Chicago and Alton Railway Co. 235 111. 589.) It is an elementary rule that where the court or jury can...deductions they shall not be made by those testifying. (Evans v. People, 12 Mich. 27.) Expert evidence is not confined to classed and specified pro\/ fessions,... | |
 | Law reports, digests, etc - 1916 - 1228 pages
...§ 441b. Or, as the proposition was clearly stated by Campbell, J., in Evans v. People, 12 Mich. 35: "Where the court or jury can make their own deductions,...opinions or deductions should not usually be received." The general test, then is: Is the matter upon which the opinion of a witness may be asked one as to... | |
 | Law reports, digests, etc - 1905 - 1166 pages
...Wig. Ev. § 1918, and cases there cited. Judge Campbell, in Evaus v. People, 12 Mich. 35, said: "It is an elementary rule that, where the court or jury can make their I own deductions, they shall not be made by those testifying." Lord Mansfield, in Carter v. Boehm,... | |
 | Law reports, digests, etc - 1892 - 1310 pages
...testimony where witness said he was driving as carefully as he could, but the court declined. The rule is that, where the court or jury can make their own deductions, they shall not be made by those testifying; but where the witness gives fully and succinctly, as in this instance, the facts upon which he bases... | |
 | Simon Greenleaf - Evidence (Law) - 1899 - 1190 pages
...ascertained and made intelligible to the Court or jury;" Campbell, J., in Evans v. People : * " It is an elementary rule that where the Court or jury can...by others, such opinions or deductions should not be received." There is, therefore, no rule admitting opinions or inferences when made by one class... | |
 | Railroad law - 1906 - 992 pages
...Wig. Fv § 1918, and cases there cited. Judge Campbell, in Evans v. People, 12 Mich. 35, said: "It is an elementary rule that, where the court or jury can...deductions, they shall not be made by those testifying." Lord Mansfield, in Carter v. Boehm, 3 Burr. 1905 : "It is an opinion which, if rightly formed, could... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1907 - 1186 pages
...Evidence, sec. 1918, and cases there cited. Judge Campbell, in Evans v. People, 12 Mich. 27, said: "It is an elementary rule that, where the court or jury can...deductions, they shall not be made by those testifying." Lord Mansfield, in Carter v. Boehm, 3 Burr. 1905: "It is an opinion which, if rightly formed, could... | |
 | Appellate courts - 1915 - 752 pages
...not matters for expert testimony. We think this ruling of the court was correct. "The primary rule, concerning all evidence, is that personal knowledge...opinions or deductions should not usually be received." Evans v. People, 12 Mich. 27; Missouri Pac. Ry. Co. v. Fox, 56 Neb. 746. 77 NW 130; Brinks Chicago... | |
 | Law reports, digests, etc - 1916 - 1346 pages
...proposition was clearly stated by Campbell, J., in Evans v. People, 12 Mich. 35: "Where the court or jury cnn make their own deductions, they shall not be made...those testifying. In all cases, therefore, where it ie possible to inform the jury fully enough to enable them to dispense with the opinions or deductions... | |
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