Fleischmann Mfg. Co. v. Irwin

(after stating the facts as above). Plaintiff’s exceptions to the admission of testimony are not well taken. It was not improper to permit an expert to characterize or interpret plaintiff’s method of making gin, basing his' characterization on what plaintiff’s own witness had said. Nor is there any rule against what has been called at bar “empirical” testimony, by which we understand to be meant evidence as to the conduct of substances well known to chemists, in order to base thereupon an argument as to the conduct of substances confessedly used by plaintiff.

This case was tried pursuant to a…