Osborn v. Cary
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edward A. Walters, Judge. Action for damages. Judgment for defendant. It is a general rule of evidence that medical boobs are not admissible in evidence, except after a medical expert has referred to a particular medical work to sustain his opinion, in which case only such work may be admitted to contradict him in that opinion. (Gallagher v. Market St. By. Go., 67 Cal. 13, 56 Am.
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APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edward A. Walters, Judge. Action for damages. Judgment for defendant. It is a general rule of evidence that medical boobs are not admissible in evidence, except after a medical expert has referred to a particular medical work to sustain his opinion, in which case only such work may be admitted to contradict him in that opinion. (Gallagher v. Market St. By. Go., 67 Cal. 13, 56 Am. Rep. 713, 6 Pac. 869.) It is not proper for counsel on cross-examination to call the attention of a medical witness, who has…
1Opinion of the CourtMorgan, J.
This action was commenced by the appellant, who is an infant and who appears by guardian ad litem, against the respondent, who is a physician and surgeon, to recover damages because, as is alleged in, the complaint, respondent, having been employed in his professional capacity to treat appellant, negligently and unskillfully diagnosed his disease and prescribed and administered wrong treatment for the ailment from which he was suffering.
It is appellant’s contention that on or about the 14th of November, 1911, he was sick and afflicted with a disease known to the medical profession as…
2Cases cited19 opinions
- Hess v. LowreyIndiana Supreme Court · 1890
- Gulf, Colorado & Santa Fe Railway Co. v. FarmerTexas Supreme Court · 1909
- State v. BondIdaho Supreme Court · 1906
- State v. CorcoranIdaho Supreme Court · 1900
- State v. NeilIdaho Supreme Court · 1907
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Walker v. DistlerIdaho Supreme Court · 1956
- State v. JurkoIdaho Supreme Court · 1926
- State v. RedingIdaho Supreme Court · 1932
- Hite v. Kulhenak Building ContractorIdaho Supreme Court · 1974
- Cady v. KellerIdaho Supreme Court · 1916
8 more not listed; retrieve them via the Exa API.