Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
Science
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
“It is not because a man has a reputation for sagacity and judgment
and power of reasoning that his opinion is admissible in testifying
as a witness. If so, such men might be called in all cases to advise
the jury, and it would change the mode of trial; but it is because a
man’s professional pursuit, or his peculiar skill and knowledge of some
department of science not common to men in general, enable him to draw
inferences where men of common experience, after all the facts have
been proved, would be left in doubt.”
To the same effect see Muldowney _v._ Illinois Central R. R. Co., 36
Iowa, 472; Wharton on Evidence, Sec. 436; Greenleaf on Evidence, Sec.
441.
_Qualifications of this General Rule._—The extent to which an expert
witness can go in giving his opinion is limited to matters of science
and skill, and does not extend to the expression of views on matters
of legal or moral observation, or the manner in which others would
probably be influenced if the parties had acted in one way rather than
in another. Campbell _v._ Richards, 5 B. & Ad., 345.
So it has been held that the question whether a physician has honorably
and faithfully discharged his duty in a given case, either to his
medical profession or to his patient, is not a question of science but
of pure ethics, upon which the jury is as competent to decide as any
one else, and in such a case an opinion would not be allowed to be
given either by another medical practitioner or by a professor in the
science of morals. Rogers on Expert Testimony, Sec. 11, citing Ramadge
_v._ Ryan, 9 Bing., 333.
There are also some matters of fact which apparently transcend the
dividing line between common experience and judgment and scientific
experience and judgment, as to which expert testimony is not
receivable, but the jury and court must weigh the facts and draw the
inferences for themselves. An interesting example of this is found in
the case of Manke _v._ The People, 78 N. Y., 611 (17 Hun, 410), cited
in Stephens’ “Digest of the Law of Evidence,” p. 107, note H, decided
in the New York Court of Appeals a few years ago. In that case one
Adolf was killed by a gunshot, and pieces of paper were found near the
scene of the homicide bearing certain marks. An expert was called upon
to say whether they were powder-marks, and whether the condition of the
paper was such that in his opinion it was wadding which had been fired
from a gun. This evidence was held to be inadmissible by the General
Term of the Supreme Court, and this decision was affirmed by the Court
of Appeals. These courts held that the question as to whether this was
a wad fired from a gun was a matter which the jury was as competent to
judge of as the witness. In delivering the opinion at General Term,
Presiding Justice Talcott said that this case was very close to the
border line, but in his judgment it was beyond the province of experts
and within the province of jurors.
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