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Show 4493 Harshberger- D 2513 evidence of the fact. It certainly is not proper proof of any such fact to Ask a witness if he investigated, and then, what did you Decide? It is merely a way of getting into the record some Inference. THE SPECIAL MASTER: I don't know as he can say what he decide. He can say what he did. MR. FARNSWORTH: Counsel indicated that was his idea, he could ask this man if he had investigated, and then, " What did you do". He has done that a great number of times in this case. Similar evidence has been offered, and I haven't objected, but I do make the objection now. I think it has gone far enough. THE SPECIAL MASTER: Isn't it a relevant fact to know whether he investigated? MR. FARNSWORTH: Not in and of itself, no; he may have investigated; the conclusion that he may have arrived at may be one that would not meet the ideas of this court, at all. Whether it is of any value or not depends on what facts he found; then it is for the trier of the facts to decide what inferences shall be drawn from those facts. It is not proper to elicit from the witness what his opinion was and then let it go at that. |