White v. Wilmington City Railway Co.
Superior Court of Delaware
to recover for personal injuries received by the plaintiff by being thrown from a coach which he was driving in a funeral procession at Fourth and Tatnall Streets in Wilmington on April 27, 1904, through a collision of one of the cars of the defendant company with said coach, which collision the plaintiff claimed was due to the negligence of the servants of the defendant company.
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to recover for personal injuries received by the plaintiff by being thrown from a coach which he was driving in a funeral procession at Fourth and Tatnall Streets in Wilmington on April 27, 1904, through a collision of one of the cars of the defendant company with said coach, which collision the plaintiff claimed was due to the negligence of the servants of the defendant company. The allegations of negligence set out in the declaration were, (1) failure on the part of the company to give proper and due notice of the approach of the car by ringing the bell or otherwise; (2) general negligence…
1Opinion of the Court
Lore, C. J.:
While we have frequently allowed the physician, as a matter of convenience to him, to testify out of order in a case of this kind, yet where it is objected to, as in this case, the orderly method to pursue is to first have the injuries described and identified either by the plaintiff himself or by some other witness who could so testify, and then to call the physician to testify to the nature and extent of those injuries. As the physician is called to speak of certain injuries which he saw some time after the accident happened and does not know of his own knowledge that those were…
2Cited by4 opinions
- Bremer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1909
- Baltimore & Ohio R. R. v. HawkeSupreme Court of Delaware · 1928
- Riccio v. Peoples Railway Co.Superior Court of Delaware · 1912
- Kern v. AutmanSuperior Court of Delaware · 1961