Weitz v. Mound City Railway Co.
Missouri Court of Appeals
Appeal from the St. Charles Circuit Court. — Hon. W. W. Edwaeds, Judge. The exclusion of a physician’s testimony is a statutory one, and it is not only in derogation of the common law but its tendency is to suppress .the best evidence on the subject to which it relates. Hence, the burden is on the objector to show that all the elements of exclusion exist. Henry v. Railroad, 10 N. Y. Sup. 508; Lins v. Ins. Co., 8 Mo. App. 363; Gartside v. Ins. Co., 8 Mo.
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Appeal from the St. Charles Circuit Court. — Hon. W. W. Edwaeds, Judge. The exclusion of a physician’s testimony is a statutory one, and it is not only in derogation of the common law but its tendency is to suppress .the best evidence on the subject to which it relates. Hence, the burden is on the objector to show that all the elements of exclusion exist. Henry v. Railroad, 10 N. Y. Sup. 508; Lins v. Ins. Co., 8 Mo. App. 363; Gartside v. Ins. Co., 8 Mo. App. 592; Kendall v. Gray, 2 Hilt. (N. T.) 300; Campau v. North, 39 Mich. 606. The relation of physician and patient is the basis and reason…
1Opinion of the CourtRombauer, P. J.
The plaintiff recovered a judgment for $1,500 for personal injuries, sustained while a passenger on defendant’s road. She claimed that the injuries were caused by the negligence of defendant’s ■driver in driving the car in which she rode over an obstruction on the track, whereby she was thrown from her seat and permanently injured. She gave evidence ■of the facts alleged in her petition, which, if true, warranted the verdict.
The defendant called two physicians, Dr. Standing and Dr. Frazer, presumably for the purpose of establishing by their evidence that the injuries received were not-of a…
2Cases cited5 opinions
- The People v. . MurphyNew York Court of Appeals · 1886
- Gartside v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1882
- Campau v. NorthMichigan Supreme Court · 1878
- People v. StoutCourt Of Oyer And Terminer New York · 1858
- Linz v. Massachusetts Mutual Life InsuranceMissouri Court of Appeals · 1880
3Cited by10 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Green v. Terminal RailroadSupreme Court of Missouri · 1908
- Sovereign Camp of Woodmen of the World v. GrandonNebraska Supreme Court · 1902
- Ewing v. Van AlstineUtah Supreme Court · 1903
- Meyer v. Supreme Lodge, Knights of PythiasNew York Court of Appeals · 1904
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