The rule that a party may rise no higher than his own testimony was first articulated in Virginia in Massie v. Firmstone. It has been criticized, misunderstood, and misapplied, but since its inception in 1922, it has grown into an important rule of evidence and procedure. The practitioner must consider the implications of the rule from the moment he begins to gather evidence that he expects to present in the form of live testimony.
Ann L. Hardy,
The Preclusiveness of a Party's Testimony: Sixty Years of Massie v. Firmstone in Virginia,
U. Rich. L. Rev.
Available at: https://scholarship.richmond.edu/lawreview/vol17/iss3/5