BOOKS OF SCIENCE. Scientific books, even of received authority, are not admissi ble in evidence before a jury ; 5 C. & P. 73; Corn. v. Sturtivant, 117 Mass. 122, 19 Am. Rep. 401; Harris v. R. Co., 3 Bosw. (N. Y.) 18; 2 Carl. 617 ; 1 Greenl. Ev. § 440, a; ex cept to contradict an expert who bases his opinion upon them; City of Bloomington v. Shrock, 110 Ill. 219, 51 Am. Rep. 678 ; stand ard medical works with explanation of tech nicalities are admissible ; Carter v. State, 2 Ind. 617; Stoudenmeir v. Williamson, 29 Ala. 558. Counsel may read such books to the jury in their argument ; State v. Hoyt, 46 Coun. 330 (two judges dissenting) ; contra, Com. v. Wilson, 1 Gray (Mass.) 337; Ord way v. Haynes, 50 N. H. 159 ; People v. An derson, 44 Cal. 65; Gale v. Rector, 5 Ill. App. 481. In Wade v. De Witt, 20 Tex, 398 and Luning v. State, 1 Chand. (Wis.) 178, it was held that the admission of such evi dence was in the discretion of the court. See 26 Am. Law Rev. 390; Wade v. De Witt, 20 Tex. 398 ; Washburn v. Cuddihy, 8 Gray (Mass.) 430; Gallagher v. Ry. Co., 67 Cal.
13, 6 Pac. 869, 51 Am. Rep. 680, n.
The law of foreign countries may be prov ed by printed books of statutes, reports, and text writers, as well as by the sworn testi mony of experts ; so held, in a learned opin ion by Lowell, J., in the U. S. C. C. The Pawashick, 2 Low. 142, Fed. Cas. No. 10,851.
See Farmers' Loan & Trust Co. v. Telegraph Co., 44 Hun (N. Y.) 400; Bollinger v. Gal lagher, 163 Pa. 245, 29 Atl. 751, 43 Am. St. Rep. 791; contra, but without authority, Dickerson v. Matheson, 50 Fed. 73. A scien tific witness may testify to the written for eign law, with or without the text of the law before him; 11 Cl. & F. 85, 114; 8 Q. B. 208. It has been said that foreign law must al ways be proved by an expert ; 1 Greenl. Ey. 486, 488; but see Westl. Pr. Int. Law (3d e'd.) § 356; but the court may in its discre tion require the printed book of law to be produced in order to corroborate the witness; Pierce v. Indseth, 106 U. S. 546, 1 Sup. Ct. 418, 27 L. Ed. 254.
See FOREIGN LAW ; EXPERT&