Vermillion Artesian Well, Electric Light, Mining, Industrial & Improv. Co. v. City of Vermillion

Citations

• 6 S.D. 466
• 61 N.W. 802
• 1895 S.D. LEXIS 133

Syllabus

<p>1. An objection interposed to a question after a responsive answer has been given, under, circumstances from which it is fair to presume that coun- ' . sel waited for the purpose of ascertaining whether the response by the witness would be favorable, comes too late to make, an adverse ruling thereon available error.</p> <p>2. The exception to the rule, that witnessess not shown, to be experts are precluded from giving their opinions in evidence allows a witness to testify concerning a matter which requires no special knowledge nor peculiar [skill; and one who observes a stream of water that is being thrown upon a building from an open street may state the approximate height of such stream, although such evidence is not of the greatest probative force, and may be entirely overcome by the cross-examination or by the introduction of accurate information in rebuttal,</p> <p>8. As it did not sufficiently appear that a certain valve was open when a test was made, nor that an expert knew the pressure under which the pumps were working at a given time, it was not reversible error to sustain an objection to the following question: “State, in'your opinion how much water would be discharged from this opening, under a pressure such as was on the pumps at the time this test was made.”</p> <p>4. It is the province of the jury to weigh the testimony, and a verdict sustained by competent evidence will not be disturbed on appeal.</p> <p>(Syllabus by the Court.</p>