Continental Assurance Co. v. Friedman

I am constrained to concur with Mr. Justice Wiest in overruling our recent decision in Re Einfeldt’s Estate, 286 Mich. 537, but not without brief comment. In general terms it may be said the statute (3 Comp. Laws 1929, § 14219 [Stat. Aun. § 27.914]) was designed to bar the opposite party in a suit prosecuted or defended by the heirs, et cetera, of a deceased person from testifying ‘ ‘ at all to matters which, if true must have been equally within the knowledge of such deceased person.” As my Brother has stated in the instant case:

“The testimony of the medical examiner (plaintiff’s agent) as…