Young v. Dearborn
Superior Court of New Hampshire
Trespass, for assault and battery. Dr. Thomas Brown, who had testified as a witness for the plaintiff, on a former trial of this action, had died ; to prove his testimony given on that trial, the plaintiff offered George Barstow as a witness, who said he could remember the whole substance of the deceased witness’ testimony, as he gave it, both on his principal and cross examination ; but could not state it all in the exact words used by the witness.
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Trespass, for assault and battery. Dr. Thomas Brown, who had testified as a witness for the plaintiff, on a former trial of this action, had died ; to prove his testimony given on that trial, the plaintiff offered George Barstow as a witness, who said he could remember the whole substance of the deceased witness’ testimony, as he gave it, both on his principal and cross examination ; but could not state it all in the exact words used by the witness. The defendant objected to this evidence of Dr. Brown’s testimony, because Mr. Barstow could not state it exactly in the wrords used by the…
1Opinion of the CourtPerlet, J.
The authorities all agree that the testimony of a deceased witness may be given in evidence on a subsequent, trial of the same cause; but they differ upon the question raised in this case, it being held in some, that the person -called to prove what the deceased witness said, must undertake to repeat it all with literal exactness; in others, that it is sufficient if he can state the whole substance.' We are not aware that the point has been distinctly raised and settled in this State.
*373The cases in England are not numerous, and none of them very early, in which questions relating to the…
2Cases cited8 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Crary v. SpragueNew York Supreme Court · 1834
- Gildersleeve v. CarawaySupreme Court of Alabama · 1846
- Cornell v. GreenSupreme Court of Pennsylvania · 1823
- Eaton v. RiceSuperior Court of New Hampshire · 1836
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