Booren v. McWilliams
North Dakota Supreme Court
Appeal from a judgment of the District Court of Towner County for plaintiff, and from an order denying a new trial, Hon. J. F. Cowan, J. At common law there was no immunity granted a physician from testifying fully as to conversations had with his patients, but the laws of this state have exempted or prohibited physicians from testifying as to information acquired from his patient while in attendance, and which is necessary to enable the physician to properly prescribe.
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Appeal from a judgment of the District Court of Towner County for plaintiff, and from an order denying a new trial, Hon. J. F. Cowan, J. At common law there was no immunity granted a physician from testifying fully as to conversations had with his patients, but the laws of this state have exempted or prohibited physicians from testifying as to information acquired from his patient while in attendance, and which is necessary to enable the physician to properly prescribe. Rev. Codes 1905, § 7304; Wigmore, Ev. § 2380; Greenl. Ev. 16th ed. § 247a. TJpon the question of whether or not the…
1Opinion of the Court
SpaldiNG, Ch. J.
This is an action for damages for breach of promise of marriage aggravated by seduction. The defendant is a bachelor forty-six or forty-seven years of age, and quite well to do, owning and residing on a farm in Towner county. The plaintiff was a divorced woman and the mother of two children, who were not living with her at the time the incidents occurred which are the basis of this action.
She and the defendant were strangers. She heard that he was in need of female help in his household, and applied to him for employ; ment under her maiden name. Her application resulted in her…
2Cases cited31 opinions
- People v. . FieldingNew York Court of Appeals · 1899
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
- In re Estate of RedfieldCalifornia Supreme Court · 1897
- Capron v. . DouglassNew York Court of Appeals · 1908
26 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Stormon v. WeissNorth Dakota Supreme Court · 1954
- Sagmiller v. CarlsenNorth Dakota Supreme Court · 1974
- Lincoln Nat. Life Ins. Co. v. HammerCourt of Appeals for the Eighth Circuit · 1930
- State v. SchroederNorth Dakota Supreme Court · 1994
- McDonnell v. MonteithNorth Dakota Supreme Court · 1930
9 more not listed; retrieve them via the Exa API.