Atlantic Coast Line Railroad v. Shouse

Citations

• 83 Fla. 156
• 91 So. 90

Syllabus

<p>1. The purpose of a hypothetical question and the reason for its allowance is to obtain the opinion of-an expert witness as to probabilities under a given case, the facts of which recited in the question are supposed to be established. The case submitted in the question must consist of such facts only as the evidence proves or fairly tends to prove or that accord with a reasonable theory of the effect of the evidence.</p> <p>2. A hypothetical question should not be framed in such way as to require or permit the witness to draw conclusions of fact from the evidence or to exercise his judgment as to the weight which should be given the testimony of other wit: nesses. Nor is the question permissible whenever the subject matter of the inquiry is of such character that it may be presumed to lie within the common experience of men of common education moving in ordinary walks of life.</p> <p>8. The answer of an expert witness to a hypothetical question must he given upon the basis 'of the facts stat.ed in the question and without recourse to other facts within his own knowledge.</p> <p>4. When objection is made to the admission of evidence,- the grounds of the objection should be specific and when the objection is based upon and confined to particular grounds no other grounds of objection will .ordinarily be considered.</p> <p>5. Where improper testimony is given in answer to' a proper question the remedy is by motion to strike.</p> <p>6. Where an objection to a question propounded to a witness is erroneously sustained, but the witness answers- notwithstanding the court’s ruling and the answer is not stricken from the record, the error is rendered harmless.</p> <p>7. Where the information as to whether a light from a railroad locomotive operated as a switch engine in a railroad yard at night would shine upon a car moving in a certain direction upon the same track as that on which the engine was moving is material, a witness who is familiar with the location of the yard