Hughes v. Cavanaugh
Supreme Court of New Hampshire
Trespass, for assault and battery. Trial by jury and verdict for the plaintiff. The evidence tended to prove that the defendant assaulted the plaintiff and lamed his knee. Someone took an x-ray of his knee and sent the plate to an expert to be interpreted. The plate was returned with a report as to what the x-ray indicated.
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Trespass, for assault and battery. Trial by jury and verdict for the plaintiff. The evidence tended to prove that the defendant assaulted the plaintiff and lamed his knee. Someone took an x-ray of his knee and sent the plate to an expert to be interpreted. The plate was returned with a report as to what the x-ray indicated. When the plaintiff offered the report in evidence the court excluded it, but permitted him to inquire of a physician called by the defendant whether he had seen it. After the witness testified that he had seen the report but that at that time the x-ray plate was broken,…
1Opinion of the CourtYoung, J.
If the report of the expert was excluded because it was hearsay and not because it was incompetent, the plaintiff did not violate the rule laid down in Batchelder v. Railway, 72 N. H. 329, when he asked the question excepted to, for since the witness had testified that in his opinion the plaintiff’s lameness was the result of disease, it was permissible for counsel to show what investigation the witness made in order to qualify himself to give expert testimony; and that appears to be what counsel was doing when he asked these questions.
' Plaintiff’s counsel, in commenting on a witness called…
2Cases cited1 opinion
- Batchelder v. Manchester Street RailwaySupreme Court of New Hampshire · 1903
3Cited by1 opinion
- Piateck v. SwindellSupreme Court of New Hampshire · 1930