Christy v. Smith
Supreme Court of Vermont
Trespass on the Case, brought against the defendant for negligence in the discharge of his duty as postmaster at Waterbary, whereby it was alleged a letter containing $50,00 in money, the property of the plaintiff, was lost. There was also a count in trover for the same money. The suit was brought in the county of Washington. Plea, the general issue, and trial by jury, March Term, 1851, — Poland, J., presiding.
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Trespass on the Case, brought against the defendant for negligence in the discharge of his duty as postmaster at Waterbary, whereby it was alleged a letter containing $50,00 in money, the property of the plaintiff, was lost. There was also a count in trover for the same money. The suit was brought in the county of Washington. Plea, the general issue, and trial by jury, March Term, 1851, — Poland, J., presiding. On trial the plaintiff offered in evidence the deposition of Moses True, Jr.; to which the defendant objected, for the interest of the witness in the event of the suit. There was…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
Upon the trial in the court below, exceptions were taken to the admission of the depositions of Moses True, Jr., and Cyrus Dearborn, upon the ground that the deponents were interested in the event of the suit.
*670It is a general rule of the law of evidence, that persons, who have a direct, certain and immediate interest in the event of the suit, are incompetent witnesses. To this general rule, however, there are exceptions, — as in the case of agents, carriers, factors, brokers and other servants, who may be called. to prove all acts done by…
2Cases cited2 opinions
- Emerton v. AndrewsMassachusetts Supreme Judicial Court · 1808
- Davison v. GreenSupreme Court of Vermont · 1826
3Cited by2 opinions
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- Idaho Gold Reduction Co. v. CroghanIdaho Supreme Court · 1899