Wabash Railroad v. Miller
Indiana Court of Appeals
Prom Adams Circuit Court; D. D. Heller, Judge. Action against the Wabash Eailro-ad Company by Sebastian Miller. Erom a judgment in favor of plaintiff, defendant appeals. Transferred to the Supreme Court with recommendations to modify rule as to the admission of testimony of witness given at former trial.
1Dissent
Dissenting Opinion.
Henley, J.
— I cannot agree with the opinion transferring this cause to the Supreme Court. That court is asked, in effect, to overrule the cases of Hobson v. Doe, 2 Blackf. 308; Hooker v. Parsley, 72 Ind. 497, and Woollen v. Whitacre, 91 Ind. 502.
The rule announced by these cases is that a party is not permitted to prove what one of his witnesses swore to on a former trial of the cause, until he has proved that the witness is dead. This rule has been recognized and followed in this State since 1830. I believe that the rule should be changed, and made to apply, not only to…
2Cases cited3 opinions
- Woollen v. WhitacreIndiana Supreme Court · 1883
- Rooker v. ParsleyIndiana Supreme Court · 1880
- Hobson v. Doe, on the Demise of HarperIndiana Supreme Court · 1830