 But if the facts are not equally known to both sides, then a statement of opinion by the one who knows the facts best involves very often a statement of a material fact, for he impliedly states that he knows facts which justify his opinion.  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Sida 33efter Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Richard W. Cooper, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner - 1919Obegränsad förhandsgranskning - Om den här boken
 | 1921 - 1214 sidor
...knew better than himself how the accident occurred. "If the facts are not equally known to both eides, then a statement of opinion by the one who knows the...states that he knows facts which justify his opinion." "Sometimes a statement of an opinion is necessarily based upon a fact or carries with it such an inference... | |
 | 1922 - 1114 sidor
...following from the opinion of Lord Bowen in Smith v. Land and House Property Corp. LR 28 Ch. Dlv. 15: "It is material to observe that it is often fallaciously...statement of a material fact, for he impliedly states that be knows facts which justify his opinion." We find It again quoted In Pound v. Clum, 204 Mich. 28 at... | |
 | 1924 - 1220 sidor
...Inymnn about the properties of a composition from the ваше opinion between chemist and chemist." It has been said by an eminent jurist : "It is material...facts which justify his opinion." Lord Bowen in Smith т. Land, etc., Corporation, 28 LR Ch. Div. p. 16. Schoefield Gear, etc., Co. v. Schoefield, supra,... | |
 | 1924 - 1262 sidor
...are not equally known to both Bides, then a statement of opinion by the one who knows the fact beat involves very often a statement of a material fact,...justify his opinion." Lord Bowen, in Smith v. Land, etc., Corp., 28 LR Ch. Div. 15, quoted in McDonald v. Smith, 139 Mich. 211, 102 NW (¡CS, and in Olston... | |
 | 1924 - 1226 sidor
...Involved the necessary implication that he was acquainted with facts which Justified his statement. "If the facts are not equally known to both sides,...then a statement of opinion by the one who knows the fact best involves very often a statement of a material fact, for he impliedly states that he knows... | |
 | California. District Courts of Appeal - 1925 - 972 sidor
...a layman about the properties of a composition from the same opinion between chemist and chemist." It has been said by an eminent jurist: "It is material...justify his opinion." (Lord Bowen in Smith v. Land etc. Corp., 28 LR Ch. Div. 15.) Schoefield Gear etc. Co. v. SchoefieJd, supra, was an action against... | |
 | California. District Courts of Appeal - 1925 - 944 sidor
...involved the necessary implication that he was acquainted with facts which justified his statement. "If the facts are not equally known to both sides,...then a statement of opinion by the one who knows the fact best involves very often a statement of a material fact, for he impliedly states that he knows... | |
 | 1927 - 400 sidor
...fact for it is of no consequence what the opinion is. But, if the facts are not equally well-known to both sides, then a statement of opinion by the...involves very often a statement of a material fact, when he impliedly states that he knows facts which justify his opinion." The Privy Council applied... | |
 | 1927 - 256 sidor
...irrelevant fact, for it is of no consequence what the opinion is. But if the facts are not equally well known to both sides, then a statement of opinion,...states that he knows facts which justify his opinion." A question of the kind came before the Judicial Committee of the Privy Council (on appeal from the... | |
 | 1926 - 870 sidor
...own " inind, but only of an irrelevant fact, for it is of no conse" quence what the opinion is. But if the facts are not " equally known to both sides,...that " he knows facts which justify his opinion." The kind of distinction which is in question is illustrated again in the well-known case of Smith v.... | |
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