Kelly v. Martino

Opinion by

Mr. Justice Musmanno,

At the trial in this case the plaintiff’s lawyer ashed of a certain Dr. Osmond his opinion on the origin and cause of the plaintiff’s disablement. Over the defendant’s counsel’s objection, the doctor testified that in his opinion the plaintiff’s condition was the result of injuries sustained in an accident which occurred on September 26, 1947. The jury returned a verdict in favor of the plaintiff, and it is mainly from the refusal of the lower court to sustain the defendant’s objection that a reversal is being urged here.

When Dr. Osmond testified that the…