Totten v. . Phipps

The various exceptions taken to the decisions of the judge, sustaining the objections to evidence offered as to what transpired between the deceased and the defendant Phipps in respect to surrendering possession of the premises occupied by the former, cannot be sustained.

The evidence was competent, but could not be proved by the defendant himself under the 399th section of the Code. The question whether the deceased was a tenant of the defendants at the time of the accident was strictly objectionable upon the ground that it involved a legal question. The defendant was afterward permitted to…