Kling v. City of Kansas
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. James H. Slover, Judge. Cause certified to Supreme Court. Statement of case by the court. This was an action for the recovery of damages on account of personal injuries alleged to have been received by the plaintiff by reason of the defendant carelessly and negligently permitting a sidewalk on one of its streets to become and remain in a dangerous and unsafe condition.
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Appeal from Jackson Circuit Court, Hon. James H. Slover, Judge. Cause certified to Supreme Court. Statement of case by the court. This was an action for the recovery of damages on account of personal injuries alleged to have been received by the plaintiff by reason of the defendant carelessly and negligently permitting a sidewalk on one of its streets to become and remain in a dangerous and unsafe condition. The answer was, first, a general denial, and for a second defence it set up contributory negligence on the part of the plaintiff, and that he was intoxicated at the time he received the…
1Opinion of the Court
I
Hall,. J.
Was the physician competent to testify to the condition, as regards sobriety, in which he found the plaintiff when he. called upon the latter as his physician ?
Our statute upon this subject, Revised Statutes, section 4017, is as follows: “The following persons shall *240be incompetent to testify: * * * fifth, a physician or surgeon, concerning any information which he may have acquired from any patient, while attending him in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician, or do any act for him, as a surgeon.”…
Also in this document: Concurrence.
2Cases cited16 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
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3Cited by6 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- State v. HuntCourt of Appeals of Arizona · 1965
- Sovereign Camp of Woodmen of the World v. GrandonNebraska Supreme Court · 1902
- Wallis v. City of WestportMissouri Court of Appeals · 1900
- Clapp v. StateCourt of Criminal Appeals of Oklahoma · 1941
1 more not listed; retrieve them via the Exa API.