Stevens v. City of Minneapolis

43 N.W. 842, 42 Minn. 136, 1889 Minn. LEXIS 212
CourtSupreme Court of Minnesota
DecidedDecember 6, 1889
StatusPublished
Cited by32 cases

This text of 43 N.W. 842 (Stevens v. City of Minneapolis) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stevens v. City of Minneapolis, 43 N.W. 842, 42 Minn. 136, 1889 Minn. LEXIS 212 (Mich. 1889).

Opinion

Mitchell, J.

This action was brought to recover the value of services rendered by plaintiff under a- contract by which he was employed by defendant to compile, revise, annotate, index, and edit the city charted, together with all acts of the legislature relating to the city and its various public boards; also all ordinances and regulations of the city and its predecessors; and to prepare the same for press, and superintend the printing and publishing of the same in book form. This employment included the preparation, for presentation to the city council, of such new ordinances, and amendments to existing ordinances, as might be necessary to make them conform to [137]*137existing laws, or to put into one ordinance the provisions of a multiplicity of ordinances on the same subject. It involved, first, the adoption of a plan or system of compilation, and then an examination of all general and special laws affecting the city since the adoption of the original charter; also of the proceedings of the councils of the two cities, St. Anthony and Minneapolis, down to date, to ascertain what ordinances had been passed; making a summary of those, and noting which were repealed, and which were inconsistent with each other; also a preparation of a complete index of the whole compilation; and, finally, the supervision of the printing and publishing it in book form. The work, therefore, was to be a very thorough one, — not a mere compilation, but, also, at least so far as the ordinances were concerned, a revision. It also included what might be called the editing and publishing. Upon the trial the plaintiff explained to the jury at very great length, and in minute detail, the character and extent of the work; hów he did it; the degree of skill and care it required; the difficulties in the way of its performance; and' the length of time in hours it occupied him. He and another witness in his behalf were also allowed to testify, as experts as to what, in their opinions, such services were worth by the hour. The evidence on part of the defendant consisted mainly of testimony tending to show that plaintiff was not occupied in the work as long or as steadily as he claimed; also testimony as to the salary or compensation usually paid to editors or others employed in making compilations and revisions of a somewhat similar character.

1. The most important question in the case is that raised by plaintiff’s sixth, seventh, and eighth assignments of error, as to the rulings of the trial court in excluding the testimony of certain alleged experts, Merrick, Ripley, and Benton, as to what, in their opinions, plaintiff’s services were reasonably worth by. the hour. The rule determining the subjects upon which experts may testify, and the rule prescribing the qualifications of experts, are matters of law; but whether a witness offered as an expert has those qualifications is a question of fact to be decided by the court at the trial. Jones v. Tucker, 41 N. H. 546. Whether a witness offered as an expert possesses the requisite qualifications involves so much of the ele[138]*138ment of fact that great consideration must necessarily be given to the decision of the trial judge; and his ruling will be sustained, unless it is made clearly to appear that it was based upon some erroneous view of legal principles, or that the ruling was not justified by the evidence as presented to the judge at the time. Nunes v. Perry, 113 Mass. 274; Com. v. Sturtivant, 117 Mass. 122; Perkins v. Stiekney, 132 Mass. 217; Spring Co. v. Edgar, 99 U. S. 645; City of Fort Wayne v. Coombs, 107 Ind. 75, (7 N. E. Rep. 743;) Castner v. Sliker, 33 N. J. Law, 95; McEwen v. Bigelow, 40 Mich. 215; Lawson, Exp. Ev. 236. There is not, and, in the nature of things, cannot be, any exact legal standard by which to determine whether a proposed expert possesses the requisite qualifications. The trial judge has, in the exercise of a sound discretion, to pass upon it as a question of fact, and his decision should have the same weight given to it as upon any other question of fact, and ought not to be reversed except in a clear and strong case. Sorg v. First German Congregation, 63 Pa. St. 156; Delaware, etc., Towboat Co. v. Starrs, 69 Pa. St. 36. As was said by Cooley, J., in McEwen v. Bigelow, supra: “The court is not obliged to receive the evidence of every person called who may appear to have some little knowledge of the business, but who has no personal knowledge of the matters in controversy. He must decide, within the limits of a fair discretion, whether the experience of the supposed expert had been such as to make his opinions of any value.”

Applying these rules to the present case we are unable to say that the court erred in excluding the evidence referred to. We take the case of the proposed expert Merrick, for it presents a stronger case for plaintiff than that of either Eipley or Benton. The proposed witness stated generally that he had knowledge of the nature and character of such work, and of what would be the fair and reasonable value of such services; but this amounted to nothing more, under the circumstances, than the opinion of the witness as to his own qualifications, which is wholly irrelevant. A witness cannot judge of his own qualification; that is a question for the court, to be determined upon the facts in evidence. Boardman v. Woodman, 47 N. H. 120; Naughton v. Stagg, 4 Mo. App. 271; Mercer v. Vose, 8 Jones & S. 218. [139]*139When we look for facts tending to prove his competency, we find them very meagre. He had been a practising attorney since 1857, but this would not qualify him to testify as to the value of such services. While it may be true that no one but a lawyer would be competent to make such a revision and compilation, yet such work is so entirely outside the ordinary duties of an attorney that he would know very little about it unless he had some experience in the same line of work. It also appeared that the witness had been once city attorney of Springfield, Mass., and afterwards, from 1872 to 1875, city attorney of Minneapolis; that while city attorney of Springfield he had made a compilation of the city ordinances, which were not numerous; that while city attorney of Minneapolis he made a compilation of the charter and ordinances, and drew such new ordinances as were directed by the city council, and as were needed; that this last work led him to an examination of all or nearly all the city ordinances at that time; that during the last year of his service as city attorney some preparation was made for a new compilation of the ordinances as they increased, which led him to make examination of the compilations of other cities. This was the extent of his experience. What was the precise character of the two jobs in which he had been thus engaged is not disclosed; but it is pretty apparent that they were different in nature, as well as extent, from the work of plaintiff, being merely compilations. He claimed no personal knowledge of plaintiff’s services. It will also be observed that what experience he had was 14 or more years ago; and while from this experience he might have acquired a limited knowledge of the nature of such work, there was not a single fact in evidence tending to show that he had any knowledge whatever as to what was usually paid for such services.

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Bluebook (online)
43 N.W. 842, 42 Minn. 136, 1889 Minn. LEXIS 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-city-of-minneapolis-minn-1889.