16 N.M. 185 | N.M. | 1911
OPINION OF THE COURT.
Of the various errors which the ap-. pellant assigns, a considerable proportion must be disregarded as not properly before us,, and others need not be separately treated of, since they present questions of common occurrence on which the law is too well settled to require discussion, especially in view of the conclusion we' have reached, that there was error prejudicial to the defendant in the admission of certain evidence by the trial court, namely, the attorney for the plaintiff put to a witness for the plaintiff the question: '“State whether it is common knowledge that Mrs. Perkins runs a sanatorium ?” To which the witness answered: “It is.” The question was then put: “If you have stated that it is common knowledge as 'to who runs that sanatorium, please state who does run it?” To which the witness answered: “Mrs. Perkins runs it.” To each of these questions the attorney for the defendant objected, in substance, on the ground that it was calling on the witness to give her opinion, and hearsay evidence, and he duly took exception to the action of the court in overruling the objections.