The Jurisprudence of Medicine in Its Relation to the Law of Contracts, Torts, And Evidence : With a Supplement On the Liabilities of Vendors of Drugs

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Caryl, 4 Denio, 370.
126 OF THE NATURE OF SKILLED TESTIMONY, facts. But on questions of science or trade, or others of the same kind, persons of skill may speak not only as to facts, hut they are allowed also to give their opinions in evidence. The opinion of medical men is evidence as to the state of a patient whom they have seen. Even in cases where they have not themselves seen the patient, but have heard the symptoms and particulars of his state, detailed by other witnesses at the trial, th
...eir opinion on the nature of such symptoms has been properly admitted." While thus departing from the strict principles of evidence based upon facts personally observed by the witness, the law confines such testimony strictly to such matters as pertain to science, and are not of general knowledge.^ And any witness offered as an expert who can not estab- lish the fact of special skill in the particular department which he is called upon to illuminate, will be rejected.^ For it is a principle always to be regarded in such cases that general knowledge belongs to the character of an ordinary witness, and contrariwise, special knowledge is the distinguishing qualification of an expert.

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