Stanton v. Rushmore

The opinion of the court was delivered by

Lloyd, J.

The question presented is whether a professional man may enter into a special contract at an agreed compensation for attendance as a witness and giving expert testimony upon the facts presented for determination in the trial of a cause.

Plaintiff below was a physician practicing medicine and surgery in Plainfield, and, according to his testimony, was asked to attend at the trial of a case in which the defendant Rushmore and his wife were parties. The doctor had observed the condition of Mrs. Rushmore and his evidence was desired to determine…