Oliver v. Aylor
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division No. One.—Hon. Joseph D. Perkins, Judge. Defendant maintains that when two physicians attended plaintiff and the plaintiff calls one of the doctors as a witness in his behalf, that he thereupon waives the incompetency of the other doctor. Defendant’s point is not well taken. Sec. 6362, R. S. 1909; Mellor v. Railroad, 105 Mo. 455; Hoy v. Morris, 13 Gray, 519; Edington v. Ins. Co., 77 N. Y. 564; Westover v. Ins.
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Appeal from Jasper County Circuit Court, Division No. One.—Hon. Joseph D. Perkins, Judge. Defendant maintains that when two physicians attended plaintiff and the plaintiff calls one of the doctors as a witness in his behalf, that he thereupon waives the incompetency of the other doctor. Defendant’s point is not well taken. Sec. 6362, R. S. 1909; Mellor v. Railroad, 105 Mo. 455; Hoy v. Morris, 13 Gray, 519; Edington v. Ins. Co., 77 N. Y. 564; Westover v. Ins. Co., 99 N. Y. 56, 1 N. E'. 104; Hope v. Railroad, 40 Hun, 438, 110 N. Y. 643; Epstein v. Railroad, 143 Mo. App. 135. The plaintiff in…
1Opinion of the Court
OPINION.
FARRINGTON, J.
(after stating the facts as above.) ■—Our statute (Sec. 6362, R. S. 1909) gives a patient the right to object to his physician testifying to any information which he may have acquired from the 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.
*328That the information which came to Doctor Chenoweth—who first treated the plaintiff and who was offered as a witness by the defendant—was acquired by him while attending plaintiff in a…
2Cases cited10 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
- Holloway v. Kansas CitySupreme Court of Missouri · 1904
- Green v. Terminal RailroadSupreme Court of Missouri · 1908
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3Cited by3 opinions
- Hudman v. StateCourt of Criminal Appeals of Oklahoma · 1949
- Rios v. Supreme Forest Woodmen CircleMissouri Court of Appeals · 1942
- Dahlquist v. Denver & R. G. R. Co.Utah Supreme Court · 1918