Dolan v. United Casualty Co.

Judgment and order reversed on the law and facts as a matter of discretion and a new trial granted, with costs to the appellant to abide the event. Memorandum: Plaintiff was permitted to testify to what her physician told her concerning her freedom from stomach ulcers. While the objection was not made that this testimony was hearsay, sufficient grounds were urged for its exclusion. In view of the admission of this testimony, and in view of the fact that plaintiff did not call her own physician to testify, we think it was an abuse of discretion for the trial court to refuse defendant a…