Hall v. Connecticut River Steamboat Co.
Supreme Court of Connecticut
This was an action on the case against the defendants, as owners of the steamboat Bunker-Hill, and carriers for hire between Hartford and New-York, for injuries sustained by the plaintiff, a passenger on board such steamboat, through the want of proper care in the servant of the defendants.
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This was an action on the case against the defendants, as owners of the steamboat Bunker-Hill, and carriers for hire between Hartford and New-York, for injuries sustained by the plaintiff, a passenger on board such steamboat, through the want of proper care in the servant of the defendants. The cause was tried at Norwich, March term, 1839, before Bissell, J. On the trial, the defendants offered in evidence the deposition of George Barber, who, it was admitted, was interested in the event of the suit, and an incompetent witness, unless his interest was removed, and his competency restored, by…
1Opinion of the CourtWaite, J.
It was conceded, that the witness whose deposition was offered, was interested in the event of the suit, and his testimony inadmissible, unless his interest had been removed by a discharge. The burden of proving that removal prior to the taking of the deposition, devolved upon the defendants. This was not done by the production of a discharge bearing the same date with the deposition. It was equally uncertain whether the discharge was executed before the deposition, or afterwards. The defendants, therefore, failed to prove that which it was incumbent on them to do, before they had a right to…
2Cases cited2 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Robert Boyce, in Error v. Paul Anderson, in ErrorSupreme Court of the United States · 1829
3Cited by13 opinions
- International & Great Northern Railway Co. v. WelchTexas Supreme Court · 1893
- Firszt v. Capitol Park Realty Co.Supreme Court of Connecticut · 1923
- Linsley v. BushnellSupreme Court of Connecticut · 1842
- Memphis &. Charleston R. R. v. WhitfieldMississippi Supreme Court · 1870
- Murray v. Lehigh Valley RailroadSupreme Court of Connecticut · 1895
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