Chamberlin v. Ossipee

The defendants claimed that the injury was simulated, and, against objection, the referees permitted the plaintiff’s witness to testify what she saw in the plaintiff’s conduct indicating distress, when the witness was apparently asleep. The conduct and expressions of the plaintiff indicative of the condition of her mental or bodily health at the time were competent evidence on that subject (Howe v. Plainfield, 41 N. H. 185, 136; Perkins v. Concord Railroad, 44 N. H. 223, 225; Bacon v. Charlton, 7 Cush. 581, 586; State v. Howard, 32 Yt. 380), and the belief or opinion of the witness as to the…