Brumley v. Flint

Citations

• 87 Cal. 471
• 25 P. 683
• 1891 Cal. LEXIS 1006

Syllabus

<p>Objections to Evidence — Waiver of Grounds not Specified. — A party objecting to the admission of evidence must specify the ground of his objection when the evidence is offered, and will he considered as having waived all objections not specified.</p> <p>Id.—General Objection — Special Objection.—A general objection is sufficient if the evidence objected to is absolutely inadmissible for any purpose; but otherwise, to entitle the objection to notice, it must be distinctly specified.</p> <p>Id. — Damage by Cattle — Opinion Evidence — Qualification of Witness— Appeal — Objection for Eirst Time. — In an action to recover damages fur trespass of cattle, where a witness was asked to state what amount of damage, in his estimation, was done by the cattle, and the question was objected to as incompetent, irrelevant, and immaterial, as asking for a conclusion, and as not the proper way to prove damages, the point that the witness was not shown to possess the requisite knowledge to enable him to testify as to the damages is not raised by the objection, and will not be considered for the first time on appeal.</p> <p>Damage by Cattle — Excessive Verdict — Conflicting Evidence — Sublease of Premises Trespassed upon. — Where the evidence as to the number of trespassing cattle and as to the damage done by them is conflicting, and the evidence on the part of the plaintiffs tended to show greater damage than, was awarded to them, the verdict will not he set aside as excessive on account of the fact that the premises trespassed upon were afterward subleased for one half more rent than was paid for them by the lessee.</p>