2«  Luning  v. State,  2  Pin. (Wis.)  215;  duly  to  appreciate  all  the  material  facts

s. c,   I   Chand. (Wis.)   178;   s. c^  2  Pin. when  proveid. Under  these  circumstances,

(Wis.)  2S5;  s. c,  I    Chand. (Wis.)   264;  the  opinions  of  witnesses  must  of  necessitr

Abbott  V. People,  86  N. Y. 460. be  received."    Clifford  v. Richardson,  i»

3. People  V. Murphy,  loi  N. Y. 126;  Vt. 626. **  It  is  true,  as  a  general  rule,
Sloan  V. New  York  Central  R. Co.,  45  that  the  opinion  of  a  witness  cannot  be
N. Y. 125;  Campbell  v. State,  10  Tex. App. given,  the  witness  relating  the  facts  from
560. which  the  jury  form  their  opinion. This

4. Booth  V. Cleveland  Rolling  Mill  Co.,  rule,  however,  is  not  universal. The  facts
74  N. Y. 15;  s. c,  II  Hun,  279;  Allen  v,  here  sought  to  be  proved,  —  to  wit,  that  the
Stout,  51  N. Y. 668;  Campbell  v. State,  10  defendant  could  not  avoid  the  conflict,—
Tex. App. 560;  In  re  sale  of  infant's  land,  could  not  be  well  proved  to  the  jur}*  by  a
6  C. E. Greene  (M. J.),  92. statement  of  facts:  the  time  occupied  by

Border-line  of  Opinioni. —  It    is    often  the  deceased   in  passing  from  where  he

difidcult  to  tell  whether  a  question  calls  for  stood  to  the  defendant,  a  distance  of  only

an  opinion,  or  a  statement  of  facts. Thus,  a  few  feet,  could  hardly  be  stated  with  any

a  question  whether  the  plaintiff  was  able  accuracy  of  measurement. The  rapidity  of

to  help  herself,  and  at  what  point  she  re-  his  motion  could  not  be  calculated  so  as  to

quired  assistance  to  do  what  was  necessary  convey  any  very  definite  idea  of  his  velocity,

to  be  done,  was  held  to  call  for  facts,  and  The  particular  position  of  the  defendant,

not  mere  opinions,  and  was  unobjectiona-  in  reference  to  surrounding  objects,  as  well

ble. Sloan  v. New  York  Central  R. R. Co.,  as  the   position  of  his  body  at  the  time,

45  N. Y. 125. 