76 F. 730 | 8th Cir. | 1896
after stating the case as above, delivered the opinion of the court.
The defendant: below, who is the plaintiff in error here, objects to the judgment which was rendered by the trial court, in the first place, because the complaint which was filed in the circuit court did not state a cause of action; and, in the second place, because of
Seven other errors have been pointed out in the brief filed by the plaintiff in error, which are said to have been committed by the-trial court either in admitting incompetent testimony, or in rejecting competent testimony that was offered by the defendant below. We find, however, upon an examination of the record, that two-of the alleged errors, which are specified in the brief as Nos. 5 and 6, cannot be noticed, because no exceptions were taken to the alleged erroneous action of the trial court. Another reason might be given for refusing to notice any of the alleged errors, namely, that the testimony which is said to have been erroneously admitted,' and the questions which were asked and excluded, are not set out in the assignment of errors, as rule 11 (11 C. C. A. cii.; 47 Fed. vi.) of this court requires. We have, however, examined the several assignments of error to which our attention is especially directed in the brief, with the result that only two of them seem to deserve notice.
During the trial of the case, a witness by the name of Carper, who appears to have been engaged in the real-estate business in the city of Denver, where the property in controversy is located, was called by the plaintiff below, and, after qualifying as an expert, expressed the opinion that the rental value of the premises, during the period between April 3, 1894, and November 17, 1894. was $300 per month. He was cross-examined at considerable' length concerning his experience as a real-estate agent, and was required' to name the properties that' he. had had in charge, or that he had been called upon to sell: In the course of such examination he stated, among other things, that he had once been
The plaintiff below called as a witness another real-estate agent of large experience, who likewise expressed the opinion that the rental value of the premises occupied by the defendant was $300 per month for the period in controversy. On Ms cross-examination it was shown that the witness had collected rents for about two years for three stores on Larimer street, being stores Nos. 1445, 1449, and 1451. He was then asked by counsel for the de
In conclusion, we will only add that, considering all the expert testimony which was introduced by both parties, the jury appear to have struck a fair average in assessing the rental value of the property, and we have no doubt that the verdict was right. The judgment of the circuit court is therefore affirmed.