FLEISCHMANN MFG. CO. v. IRWIN

No. 27.

5 F.2d 167 (1924)

FLEISCHMANN MFG. CO. v. IRWIN, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

December 8, 1924.


Attorney(s) appearing for the Case

Levi Cooke, of Washington, D. C., and George B. Lester, of New York City, for plaintiff in error.

William Hayward, U. S. Atty., and Victor House, Asst. U. S. Atty., both of New York City, Charles T. Hendler, Sp. Atty., for Internal Revenue Department, and Nelson T. Hartson, both of Washington, D. C., for defendant in error.

Before ROGERS and HOUGH, Circuit Judges, and LEARNED HAND, District Judge.


HOUGH, Circuit Judge (after stating the facts as above).

Plaintiff's exceptions to the admission of testimony are not well taken. It was not improper to permit an expert to characterize or interpret plaintiff's method of making gin, basing his characterization on what plaintiff's own witness had said. Nor is there any rule against what has been called at bar "empirical" testimony, by which we understand to be meant evidence as to the conduct of substances well known...

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