Fuchs v. Kansas City Southern Ry. Co.
Supreme Court of Louisiana
Appeal from First Judicial District Court, 'Parish of Caddo; T. F. Bell, Judge. Action by Lena Fuchs and others against the Kansas City Southern Railway Company. From judgment for plaintiffs, defendant appeals, and plaintiffs, answering, pray that the award, appealed from be increased.
1Opinion
On Rehearing.
PROVOSTY, J.
The testimony of a witness taken out of the state because of the fact of his residing out of the state is inadmissible if at the time of the trial the witness is present in court, and subject to be called as a witness. Hawkins v. Brown, 3 Rob. 310; 13 Cyc. 988; Wigmore on Ev. § 1415; Davison v. Sherburne, 57 Minn. 355, 59 N. W. 316, 47 Am. St. Rep. 618; 9 A. & E. E. of L. 352; Whitford v. County of Clark, 119 U. S. 522, 7 Sup. Ct. 306, 30 L. Ed. 500; Texas & Pacific Ry. Co. v. Wilder, 92 Fed. 958, 35 C. C. A. 105; U. S. v. Julian, 162 U. S. 325, 16 Sup. Ct. 801, 40 L.…
2Cases cited6 opinions
- Whitford v. Clark CountySupreme Court of the United States · 1886
- Texas & P. Ry. Co. v. WilderCourt of Appeals for the Fifth Circuit · 1899
- Hollander v. FechheimerSupreme Court of the United States · 1896
- United States v. JulianSupreme Court of the United States · 1896
- Davison v. SherburneSupreme Court of Minnesota · 1894
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