Wells v. New England Mutual Life Insurance

Citations

• 187 Pa. 166
• 40 A. 802
• 1898 Pa. LEXIS 784

Syllabus

<p>Evidence — Gompetency of witness — Effect of act making witness incompetent.</p> <p>If a person, competent at the time to testify, is examined as a witness in a cause, and subsequently and before the trial, becomes incompetent, his testimony taken when he was competent is admissible.</p> <p>Where the deposition of a physician is taken prior to the passage of the Act of June 18, 1896, P. L. 196, which renders physicians incompetent to testify as to certain matters, and the physician dies after the passage of the act, the deposition is admissible in evidence at the trial, although the physician himself, if he had lived, would have been disqualified as a witness.</p>