Nebraska Supreme Court
Omaha Street Railway Company v. Samuel Elkins
February 20, 189439 Neb. 480
Summary
The court held that testimony given at a former trial of the same action may be admitted when the witness is outside the state and beyond the court's jurisdiction, provided the testimony is otherwise unobjectionable. Because the excluded testimony was material and its exclusion prejudiced the defendant, the judgment was reversed and the cause remanded.
Holding
- Admissibility of former testimony from a witness outside the jurisdiction. Former testimony given in the same action is admissible when the witness is absent from the state and beyond the jurisdiction of the court, so long as the testimony is otherwise unobjectionable and the opposing party had the required prior opportunity to cross-examine.
Docket No. 5576