"The same subject has been under consideration in Michigan; and the Supreme Court of that State, in a case almost identical with this, held that the policy was valid, stating, that, to make the case analogous to those involving marine policies on unlawful voyages, and lottery insurances which have been uniformly held null, would require the policy to be in express terms insuring the party selling liquors against loss by fire or forfeiture." CHAPTER XVII. THE PHARMACIST IN COURT. However averse the pharmacist may be to litigation, it is necessary, sometimes, for him to appear in court. It may be as plaintiff or defendant, or as an ordinary witness, an expert witness, or a juror. If he appears in the capacity of plaintiff or defendant, he will probably have his attorney with him, and will act under his advice. If the pharmacist be subpoenaed as an ordinary witness, he must obey the subpoena, though in a civil suit he may demand the fees to which he is entitled for travel to and from the place designated, and also for one day's attendance while there. As an ordinary witness he is expected and permitted to testify only to such facts as are within his personal knowledge. In the case of expert testimony, the conditions are different. In the determination of questions connected with any science, art or trade, or any department of learning or industry, requiring special training or scientific knowledge, the witness is not restricted to the statement of facts, but may express his opinion. Indeed, in many cases it is his opinion only that is wanted; and he may give it upon a case hypothetically stated, or upon a case in which the facts have been established. Before a witness is permitted to give expert testimony, he must be examined as to his qualifications to give an opinion on the point in issue. To this end he may be subjected to a close examination and cross-examination; and it is for the court to decide as to his fitness to testify in the matter. The expert witness is entitled to remuneration for his opinion, and the weight of authority is that he cannot be compelled to give his professional opinion without compensation. However, it is customary and proper for the witness, before the trial, to stipulate for a fair compensation with the party desiring his services. Unless specially exempt by the statutes of his State, the pharmacist, like any other citizen, is liable to serve as a juror. |