Legal Opinion

Smith v. John L. Roper Lumber Co.

Supreme Court of North Carolina

Decided March 11, 1908PublishedCited by 22 opinions

Civil actioN, tried before Lyon, J., and a jury, at November Term, 1907, of the Superior Court of CeaveN County. There was evidence on the part of plaintiff tending to show that plaintiff, an employee of the defendant company, was engaged in moving a heavy engine of the defendant company from their mills to the cars, and, at the time of the injury, was raising the engine by means of a jaekscrew, when the engine fell, catching plaintiff’s .arm between the engine and a brick…

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Civil actioN, tried before Lyon, J., and a jury, at November Term, 1907, of the Superior Court of CeaveN County. There was evidence on the part of plaintiff tending to show that plaintiff, an employee of the defendant company, was engaged in moving a heavy engine of the defendant company from their mills to the cars, and, at the time of the injury, was raising the engine by means of a jaekscrew, when the engine fell, catching plaintiff’s .arm between the engine and a brick wall near by and crushing same so that amputation was necessary; and that the injury was caused by reason of a defective…

1Opinion of the Court

Hoke, J.,

after stating the case: At common law, communications between patients and attending physicians were not regarded as privileged, and the matter has been very generally made the subject of statutory regulation. ,Our own statute, which substantially accords with the form more usually adopted in such legislation, provides as follows (Revisal, sec. 1621) : “No person duly authorized to practice physic or surgery shall be required to disclose any information which he may have acquired in attending a patient in a professional character, and which information ivas necessary to enable him to…

2Cases cited7 opinions

  1. Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
  2. People v. . PiersonNew York Court of Appeals · 1903
  3. Griffin v. WallaceIndiana Supreme Court · 1879
  4. In re Will of BruendlWisconsin Supreme Court · 1899
  5. Gartside v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1882

2 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Sims ex rel. Sims v. Charlotte Liberty Mutual InsuranceSupreme Court of North Carolina · 1962
  2. Sims v. Charlotte Liberty Mutual Insurance Co.Supreme Court of North Carolina · 1962
  3. Cates v. WilsonSupreme Court of North Carolina · 1987
  4. State v. . LitteralSupreme Court of North Carolina · 1947
  5. Capps v. LynchSupreme Court of North Carolina · 1960

17 more not listed; retrieve them via the Exa API.

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