Connors-Weyman Steel Co. v. Harless
Connors-Weyman Steel Co. v. Harless
Opinion of the Court
It is most earnestly insisted by counsel for appellant that, the judgment appealed from should be reversed for the refusal of the court to grant a new trial on the ground that the verdict of the jury was contrary to the great weight of the evidence. There was sharp conflict in the evidence for tire respective parties, the defendant insisting that the guide or guard box was not in proper condition, and that,' therefore, the accident was the result of plaintiff’s own negligence; while, on the other hand, the plaintiff contended that the rolls were not properly adjusted, and that the liner upon one end of the roll worked out, causing the space at one end to be greater than at the other, and the red hot iron bar (with an “overfill” of one-sixth of an inch), being forced through the rolls at a rapid speed, was deflected from a straight course and turned or curved in the direction of its smaller side. The issues thus resting upon these two theories seem to have been ^fairly and fully presented to the jury, resulting in a verdict for the plaintiff.
The able brief of counsel for appellant does not question this rule in ordinary cases. But they insist that this is not a case where the inference from the evidence is involved, but that their case is based on physical facts, as to which there can be no plausible controversy. It being insisted that, from the evidence of the plaintiff himself, viewed in the light of nature’s unchanging laws, and the unvarying principles of mechanics, the plaintiff’s theory as to the proximate cause of the injury is so entirely at variance with the physical laws as to demonstrate that it is entirely untrue, and that, therefore, the verdict is unjust and unsupported in law and fact, citing Elliott on Railroads (2d Ed.) § 1703; Wichita I. & C. S. Co. v. Sheppard, 82 Kan. 509, 108 Pac. 819, 28 L. R. A. (N. S.) 648; Louisville Water Co. v. Lally, 168 Ky. 348, 182 S. W. 186, L. R. A. 1916D, 300; L. *319 & N. R. R. Co. v. Chambers, 165 Ky. 703, 178 S. W. 1041, Ann. Cas. 1917B, 471.
“It is settled with us that the determination of the qualification vel non of a person to form, and give an expert opinion on a definite subject is a preliminary matter; that its decision is addressed to the sound discretion of the trial court under the evidence bearing upon that preliminary inquiry. * * * Under the rule long prevailing here, the finding of the court upon the facts presented on that inquiry will not be held for error, unless the ruling is plainly erroneous.” Burnwell Coal Co. v. Setzer, 191 Ala. 398, 67 South. 604; Alabama C. C. & I. Co. v. Heald, 168 Ala. 626, 53 South. 162.
In Alabama C. C. & I. Co. v. Heald, supra, it was held:
“To entitle a witness to answer as an expert, it is true ‘he must, in the opinion of the court, have special acquaintance with the immediate line of inquiry; yet he need not be thoroughly acquainted with the differentia of the specific specialty under consideration. * * * A general knowledge of the department to which the specialty belongs would seem to be sufficient.’ ”
The plaintiff had been employed in this particular rolling mill for a period of two years, and as “rougher” at the roughing rolls for four or five months. The nature of his work is discussed in the statement of the case, as well also his duties in reference to assisting in lining up the rolls, and the keeping of the guard box in proper condition. During this period of time, he, of course, had had occasion to constantly observe the red hot bars as they went in and came out of the rolls, as they were constantly and rapidly handled by him.
“The fact that an otherwise proper question propounded to an expert witness will elicit an opinion from him in practical affirmation or dis-affirmation of a material issue in a case will not' suffice to render the question improper. If the earlier cases, cited in the brief for appellant conclude to the contrary, they are not in accord with more recent rulings.” Harbison-Walker Refractories Co. v. Scott, 185 Ala. 641, 64 South. 547.
We therefore conclude there was no error in permitting the witness to answer the question by giving his opinion of the cause of the deflection of the iron bar. A. C. L. R. R. Co. v. Enterprise Cotton Oil Co., 74 South. 232; 1 Burnwell Coal Co. v. Setzer, supra; Pope v. State, 174 Ala. 63, 57 South. 245; So. Ry. Co. v. Stollenwerck, 166 Ala. 556, 52 South. 204; Stouts Mt. Coal Co. v. Tedder, 189 Ala. 637, 66 South. 619; Alabama C. C. & I. Co. v. Heald, supra.
It results that we find no reversible error in the record, and the judgment appealed from will accordingly be affirmed.
Affirmed.
Reference
- Full Case Name
- Connors-Weyman Steel Co. v. Harless.
- Cited By
- 9 cases
- Status
- Published