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…
1DissentBueKE, J.
The majority opinion, roughly interpreted, holds that there must be a new trial for four reasons:
First, because, while arguing with counsel, the trial court asked whether the doctor could act hoth as a physician and a detective.
Second, because said doctor was not allowed to testify to that part of the conversation had with plaintiff, which the court says was not necessary for her treatment.
Third, for rulings in the exclusion of testimony, for instance, that the defendant had received other men as company during the time she claims the engagement existed.
Fourth, because there appear minor…
2Cases cited27 opinions
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- In re Estate of RedfieldCalifornia Supreme Court · 1897
- Briesenmeister v. Supreme Lodge Knights of Pythias of the WorldMichigan Supreme Court · 1890
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