46 Vt. 135 | Vt. | 1873
The opinion of the court was delivered by
It is claimed on the part of the defendant that the county court erred in allowing one of the plaintiff’s witnesses to testify, “ that in his opinion, the highway at the place of the accident was not sufficiently wide to allow two team wagons to pass each other.”
If this testimony is to be regarded as the opinion of the witness as to the sufficiency of the highway, in respect to its width for public travel, its admission was clearly erroneous ; but we do not so regard the testimony. It is simply the opinion of the witness as to the width of the highway, given by comparing the width of the highway with the width of a team wagon. It appears that the witness had made some measurements of the width of the highway, with a rod ; how careful and accurate he was does not appear; and the plaintiff seeks to'establish the width of the road, by the opinion of the witness given in the manner stated, and we think there was no error in allowing him to do so. And this is not in any respect a relaxation of the well settled general rule, that the opinion of witnesses who are not professional persons, or experts, is not admissible. There are many exceptions to'this rule, and among the exceptions is testimony as to distances, size, height, value, velocity, &c. ; from the nature of the subject, no other evidence than opinion, oftentimes, can be had.
The objection to the charge of the court in respect to the effect of the load of hay upon the accident, was not much relied upon by counsel in the argument, and we think the charge on that subject was all, and perhaps more, than the defendant was entitled to.
The defendant requested the court to charge the jury, “ that they should not allow any feeling of sympathy for the plaintiff to influence them in deciding the case.” The court charged the jury that they would remember to lay aside their feelings in the case, but said to them, “ Of course, hone of us can do away entirely with our sympathies; we all have more or less feeling of sym
Objection is made to the charge of the court on the subject of damages, but we find no error therein. As under the decisions in this state, the party injured can have but one action to recover the damage, he is allowed in that action to recover not only such damages as have accrued from the injury, but such damages as
Judgment affirmed.