Bliss v. Long
Ohio Supreme Court
Assumpsit against a physician for not delivering the plaintiff’s wife of a child, according to his retainer to attend and deliver. Plea, non assumpsit. On trial the jilaintiff called
1Opinion of the Court
BY THE COURT.
This court decided several years ago in Portage county, and last year in this case, that to give evidence of what a deceased person testified on a former trial, the witness must give his words according to the rule in Phil. Ev. 199. Judge Tod says he took notes at the trial, and thinks he can give the substance of the testimony, though not the words — he used his own language in noting down his understanding of the evidence — he can give some of the words, but not all. This would be admitting the under stand-352] *ing and deductions of the present witness, not the evidence *359■of…
2Cases cited1 opinion
- Miller v. MillerOregon Supreme Court · 1889