Kennedy v. Canadian Pacific Railway Co.

Citations

• 87 Wash. 134

Syllabus

<p>Evidence—Best and Secondary—-Former Testimony of Absent Witness—Statutes. Rem. & Bal. Code, § 1247, authorizing the use of a certified copy of the evidence of any witness at a former trial between the same parties, who was since deceased, “or out of the state, or for any other sufficient cause unable to appear and testify,” does not render such certified copy admissible, where the deposition of such witness was duly tahen out of the state for use at the trial and had been published without objection; the intent of the statute being to require reasonable diligence to otherwise procure the testimony of the witness.</p>