Clearwater Corporation v. City Lincoln

The defendants exception to the admission of the testimony of marshal Redden given at the preliminary hearing is without merit. His death was admitted, the parties were the same, the same matters of fact were in issue and the charges in both proceedings grew out of the same happening. The record disclosed that defendants counsel exercised the right of cross examination at the preliminary hearing fully and without limitation by the Court. Under these circumstances the evidence was clearly admissable. Commonwealth v. Rhyal, 274 Pa. 401, 410; Lee v. State, 124 Miss. 398; 122 A. L. R. 425, 429, 430 ; 159 A. L. R. 1240, 1246 ; 5 Wig. Ev. (3d. ed.), s. 1371; 23 C. J. S.,, ss. 894-896. See also, Orr v. Hadley, 36 N.H. 575, 580.