109 Mich. 329 | Mich. | 1896
Plaintiff recovered a judgment in an action originally brought in justice’s court to recover damages for a breach of warranty on a sale of a mare. The mare was purchased by the plaintiff for a driving mare, and the price of $225 in cash paid. Plaintiff offered testimony tending to show that she incurred an expense of $18 in having the mare treated, and that the care and keeping of the mare was worth $10 per month, and that she had been so lame from the time when she was first
“Now, from what you know about this mare, and what you have heard testified to in reference to her present condition by the witnesses here, particularly Palmer and Fant, what would you say was the present fair market value of the mare ?”
This question was properly excluded. It did not appear that the witness had heard all the testimony, and, if it were to be assumed that he had, a hypothetical question should not be based “particularly” on the testimony of a portion of the witnesses. Kempsey v. McGinniss, 21 Mich. 123. The same rule excludes the testimony of the witness Savidge, who was asked to base his opinion upon his knowledge of the mare 18 months before, and upon the testimony in the case, which he said he had heard “to some extent.”
No error to the prejudice of defendant was committed •on the trial.-
Judgment affirmed.