Order of United Commercial Travelers of America v. Barnes

Citations

• 75 Kan. 720
• 90 P. 293
• 1907 Kan. LEXIS 121

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Hypothetical Questions. Hypothetical questions put to expert witnesses should he based upon such facts only as the evidence tends to prove, and if, as to any material hypothesis, such question is without the support of evidence, it should be excluded. It may not be required that the question be based upon conceded facts nor that h/ embrace all the facts of which there is evidence; neither is technical accuracy required in the framing of the question, but no material exaggeration or perversion of facts assumed is permissible.</p> <p>2. -Same. Each party has a right to assume, so far as there is any justification in the evidence, that the facts will be found in accordance with his theory and against the theory of the opposite party, and is entitled to frame hypothetical questions in accordance with such assumption.</p> <p>3. - Same. The evidence and circumstances in different cases are so variant and the danger of confusing rather than assisting a jury in arriving at the truth is so great in this class of evidence that only general rules as to permissible questions should be prescribed. That justice may be subserved, a wide discretion rests in the trial judge.</p> <p>4. - Opinion of Non-expert Witness as to Mental Condition of Another. Non-expert witnesses shown to have had especial opportunities of observation are allowed to give opinion evidence of the mental condition of one under investigation in this respect, having first stated the facts upon which such opinions are based, or without stating such facts when opportunity is given to cross-examine in reference thereto.</p>