Opinion

Koch v. Southern Pacific Company

  • 266 Or. 335
  • 513 P.2d 770
  • 1973 Ore. LEXIS 363
Court
Oregon Supreme Court
Filed
Sep 10, 1973
Status
Published
Author
Howell
On the bench
McAllister, Jnstice, Denbcke, Holman, Tongue, Howell, Bryson
Cited by
16 cases
Authority
More cited than 6.0%

test for admissibility is whether the expert is of “appreciable help to the jury ... whether the subject is such that the expertise of the witness gives ... special insight superior to that of’ the jury

How later courts described this case

  • test for admissibility is whether the expert is of “appreciable help to the jury ... whether the subject is such that the expertise of the witness gives ... special insight superior to that of’ the jury
  • “[W]hether drivers of automobile vehicles can cross the tracks safely while exercising reasonable prudence is ordinarily not affected by the number of drivers attempting to do so.”

Written by the judges who cited it.

The opinion

HOWELL, J.,

concurring.

I concur in the holding in the majority opinion in all respects except I believe that the expert’s opinion *356 in Yundt v. D & D Bowl, Inc., 259 Or 247 , 486 P2d 553 (1971) could not be admissible.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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