Tullis v. Kidd
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa. Assumpsit by the defendant in error, for a false warranty of soundness in the sale of a slave.
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Error to the Circuit Court of Tuscaloosa. Assumpsit by the defendant in error, for a false warranty of soundness in the sale of a slave. Upon the trial, the plaintiff introduced a witness to give a medical opinion, as to the soundness of the slave, who being examined as to his medical skill, and his right to testify as an expert, stated, that previous to the year 1831, he had attended a course of medical lectures, and had obtained a It cense from the board of physicians of this State to practise physic, and had practised as a physician for a year, at the end of which time he had abandoned the…
1Opinion of the CourtOrmond, J.
Whether a witness, whose opinions are of*650fered to be given in evidence as an expert, in any art, or science, is competent to testify, depends upon his skill in the art or science. This, like all other questions of the competency of witnesses, is determined by the court; and in ascertaining the fact, the court may examine the witness himself, or may ascertain it from the testimony of others. One who exercises an art, or trade, is supposed to be acquainted with it. Thus a practising physician would be presumed, from that circumstance alone, to be acquainted with -the cause, and cure of diseases;…
2Cases cited1 opinion
- Washington v. ColeSupreme Court of Alabama · 1844
3Cited by27 opinions
- Wilson v. StateSupreme Court of Alabama · 1942
- Braham v. StateSupreme Court of Alabama · 1904
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- Thaggard v. VafesSupreme Court of Alabama · 1928
- Odom v. StateSupreme Court of Alabama · 1911
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