Carbone v. Warburton

The opinion of the court was delivered by

William J. Brennan, Jr., J.

The trial judge ruled that Dr. Sidney A. Jacobson, a licensed New York general practitioner, retired from active practice, was not qualified to testify as plaintiff’s medical expert and dismissed this medical malpractice-case when plaintiff offered no other expert medical testimony. The Appellate Division reversed, one judge dissenting, 22 N. J. Super. 5 (1952). Defendant’s appeal is here pursuant to Rule 1:2-1(6).

Only a meagre part of the record was supplied on the appeal below, and from what there was the Appellate Division…