May v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Ravalli Countyj F. C. Webster, Judge. Action by Mary May against tbe Northern Pacific Railway Company. From a judgment for plaintiff, and an order denying its motion for a new trial, defendant appeals. The admission of the testimony of the physician is not positively forbidden by this statute. The patient may consent to its admission.
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Appeal from District Court, Ravalli Countyj F. C. Webster, Judge. Action by Mary May against tbe Northern Pacific Railway Company. From a judgment for plaintiff, and an order denying its motion for a new trial, defendant appeals. The admission of the testimony of the physician is not positively forbidden by this statute. The patient may consent to its admission. The statute simply confers a privilege upon the patient, and this privilege, under all the authorities may be waived. What constitutes a waiver of it? We contend that when a plaintiff goes upon the stand as did the plaintiff in this…
1Opinion of the CourtJustice Holloway
delivered tbe opinion of tbe court.
In September, 1903, Mary May commenced tbis action against tbe Northern Pacific Railway Company to recover damages for personal injuries alleged to have been occasioned by tbe negligence of tbe agents and employees of tbe defendant company. ■ Tbe answer of defendant denies all tbe material allegations of tbe complaint. Prior to tbe date set for tbe trial of tbe cause tbe defendant company attempted, unsuccessfully, to induce tbe plaintiff to submit to a physical examination by surgeons selected by tbe company, presumably. Immediately prior to tbe trial tbe…
2Cases cited67 opinions
- Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- City of South Bend v. TurnerIndiana Supreme Court · 1901
- Carrico v. West Virginia Cent. & P. R'y Co.West Virginia Supreme Court · 1894
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
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3Cited by18 opinions
- Chicago, R. I. & P. Ry. Co. v. HillSupreme Court of Oklahoma · 1912
- Atchison, T. & S. F. Ry. Co. v. MelsonSupreme Court of Oklahoma · 1913
- Ostrowski v. MockridgeSupreme Court of Minnesota · 1954
- Wolfe v. Northern Pacific Railway Co.Montana Supreme Court · 1966
- Murphy v. Southern Pacific Co.Nevada Supreme Court · 1909
13 more not listed; retrieve them via the Exa API.