Cooper v. Randall

Citations

• 59 Ill. 317

Syllabus

<p>1. Evidence—opinions of witnesses. The more opinion of a witness as to value, or the amount of damages property has sustained, is usually admissible, when based on information as to value, or the extent of the injury when testifying as to the amount of damage. When a witness has stated his knowledge of the value of the class of property about which he is testifying, he may usually be asked his opinion, but not otherwise.</p> <p>2. It is not error for the court to refuse to permit a witness to answer a question as to the cost of constructing a house, who had stated he was not a mechanic and was unacquainted with such cost.</p> <p>3. Same—proof as to injury to other property than that in controversy. In an action on the case for injury to a dwelling house by the erection of a mill, by which dust, dirt and other impurities are thrown in and upon the house, it is error to exclude evidence that such impurities were thrown by the mill upon other buildings in the vicinity of plaintiff’s house, as such evidence is pertinent to the issue. While such proof would not be direct as to the amount of impurities actually deposited on the plaintiff’s house, it would tend to show that the mill was capable of inflicting the injury complained of, and justify the inference that if other buildings similarly situated were thus affected, the same would be true as to the plaintiff’s premises.</p> <p>4 Same—cross-examination. The cross-examination of witnesses is largely discretionary with the court, in its scope, and a judgment will not be reversed because the court refused to permit a witness to answer a question on cross-examination, unless it appears that the party may have been-injured thereby.</p> <p>5. Same—in rebuttal. In an action to recover damages for a depreciation in the value of the plaintiff’s dwelling house, alleged to have been occasioned from dust and other impurities thrown upon and into the house from the defendant’s mill, it is competent for the defendant to prove tha