Missouri & Kansas Telephone Co. v. Vandevort

Citations

• 67 Kan. 269
• 72 P. 771
• 1903 Kan. LEXIS 245

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Opinion Evidence. The general rule is that opinion evidence may be received where it is the best that can be had, or where the situation, facts and events cannot be adequately reproduced or described to the jury; but such evidence can never be given on the ultimate facts which it is the duty of the jury to determine.</p> <p>2. -Damages from, Telephone Poles — Expert Testimony. In an action to recover for injuries resulting from alleged negligence in placing two telephone poles on the side of the highway in such a way as to frighten horses, where the location, condition, color and appearance of the poles, and all of the circumstances surrounding them, could have been easily described by witnesses, the opinions of experts as to whether the poles were calculated to freighten horses were not admissible.</p> <p>3.--Admission in Opening Statement. An oral admission of a material fact made by an attorney in his opening statement to the jury may be proved on a subsequent trial of the same cause, if it appears to have been distinctly and formally made and intended as a general admission of such fact.</p>