1 Daly 132
New York Court of Common Pleas
Decided March 15, 1861
New York Court of Common Pleas · decided 1861-03-15
Appüal by the defendant from a judgment entered at trial term on the verdict of a jury. The action was brought by the plaintiff against the defendant, who were owners of adjoining lots, to recover damages caused by the negligence of the defendant in permitting water to run from his premises upon those of the plaintiff.
Decided 1861-03-15
¶1I agree with Judge Beady, that the witness, Auld, was not shown to possess any knowledge which would justify his giving more than a mere opinion, or guess, respecting the matter inquired of. In this view, I think the questions put to him in regard to the relative quantity of water which came from the plaintiff’s shed were properly overruled.
¶2With this single exception, I concur in Judge Daly’s opinion.
¶3The judgment should be affirmed.