Collins v. Waters

This was an action for an assault and battery. The defendants pleaded the general issue, and that the injuries were committed by them in necessary self defense.

On the trial the court, against the objection of the defendants, permitted the physician who attended upon the plaintiff after he was injured, to give in evidence to the jury, the statement to him of the plaintiff, how, and with what, an injury which the plaintiff had received on the side of the head, on the left temple, had been produced, to-wit: by being kicked with a boot.-

The physician had properly testified to the statements of…