Knight v. Smythe
Supreme Court of Vermont
Trespass. Plea, general issue with notice. Trial by jury, September Term, 1881, Taft, J., presiding. Verdict and judgment for the plaintiff. To an unprofessional witness, introduced by the plaintiffs, their attorney put this question: “How did Mrs. Knight appear after the affray with the defendant? ” This was objected to by the defendant, but the objection was overruled, and the witness answered that she seemed to be in great pain in her head and back.
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Trespass. Plea, general issue with notice. Trial by jury, September Term, 1881, Taft, J., presiding. Verdict and judgment for the plaintiff. To an unprofessional witness, introduced by the plaintiffs, their attorney put this question: “How did Mrs. Knight appear after the affray with the defendant? ” This was objected to by the defendant, but the objection was overruled, and the witness answered that she seemed to be in great pain in her head and back. This was at a time very soon after the affray. After this question had been so put and answered, the plaintiffs’ attorney said that he waived…
1Opinion of the Court
The opinion of the court was delivered by
Roycb, Ch. J.
This was an action of trespass for assault and battery upon the female plaintiff; and the first exception taken was to allowing the plaintiff to inquire of an unprofessional witness how she appeared after the affray with the defendant.
The question was not one that required the aid of professional skill to qualify the witness to answer. Evidence of the appearance of a party claiming to have been injured is admissible as explanatory of the nature and extent of the injury; and all that is required to qualify a witness *531to testify concerning…
2Cases cited10 opinions
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- Earl v. TupperSupreme Court of Vermont · 1873
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
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- Armstrong v. NobleSupreme Court of Vermont · 1883
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3Cited by12 opinions
- State v. WardSupreme Court of Vermont · 1888
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Billings v. Metropolitan Life InsuranceSupreme Court of Vermont · 1898
- McQuiggan v. LaddSupreme Court of Vermont · 1906
- State v. BradleySupreme Court of Vermont · 1892
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