Wallace v. Wilmington & N. R.
Superior Court of Delaware
Action on the case for damages sustained by plaintiff due to the negligence of defendant. A. E. Sanborn, being called by the plaintiff, was examined as follows: Mr. Bradford:—I desire to ask Mr. Sanborn some questions on voir dire and waive the oath. Mr. Bird:—I would rather have it put. Mr. Sanborn stated that he had conscientious scruples to swearing, and he was then affirmed. By Mr. Bradford.
Read the full summary
Action on the case for damages sustained by plaintiff due to the negligence of defendant. A. E. Sanborn, being called by the plaintiff, was examined as follows: Mr. Bradford:—I desire to ask Mr. Sanborn some questions on voir dire and waive the oath. Mr. Bird:—I would rather have it put. Mr. Sanborn stated that he had conscientious scruples to swearing, and he was then affirmed. By Mr. Bradford. Q,. Have you been assisting Mr. Bird in preparing this case for trial ? A. I have. Q,. Have you been examining the authorities for him ? A. I have. "Q. Collecting cases for him ? A. I have. Q,. Have…
1Opinion of the Court
Comegys, C. J.:
The majority of the Court decide that the offer is inadmissable.
The reason of my brethren is this, that it is contrary to public policy according to the views they take of the matter, understanding, that he is not counsel in the case.
*532Houston J.
It is well settled and has been ruled in this-Court that counsel in the case cannot be a witness or is incompetent, not by any law, but by reason of the public policy which has-been recognized and established. I am very sorry that this question has arisen, but- as it has arisen, I must decide it according to the dictates of my own…
2Cases cited57 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Insurance Co. v. TweedSupreme Court of the United States · 1869
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Hargreaves v. DeaconMichigan Supreme Court · 1872
52 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Harris v. Manor Healthcare Corp.Illinois Supreme Court · 1986
- Erwin M. Jennings Co. v. DiGenovaSupreme Court of Connecticut · 1928
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- Skottowe v. Oregon Short Line, Ry. Co.Oregon Supreme Court · 1892
- Doe v. RoeSuperior Court of Delaware · 1901
9 more not listed; retrieve them via the Exa API.