Barber v. Merriam
Massachusetts Supreme Judicial Court
Tort to recover damages for the same injury which was the subject of the preceding case. At the trial in this court, before Hoar, J., there was evidence that the female plaintiff, for the first two weeks of her illness, was attended by Dr. Holden, and afterwards by Dr. Weld, but they were never present together. Dr. Weld had previously made a single visit the morning after the accident, and prescribed for her, and made applications at the time.
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Tort to recover damages for the same injury which was the subject of the preceding case. At the trial in this court, before Hoar, J., there was evidence that the female plaintiff, for the first two weeks of her illness, was attended by Dr. Holden, and afterwards by Dr. Weld, but they were never present together. Dr. Weld had previously made a single visit the morning after the accident, and prescribed for her, and made applications at the time. Dr. Weld’s deposition was taken, and read to the jury. In that deposition the following questions and answers were allowed to be read to the jury,…
1Opinion of the CourtBigelow, C. J.
The questions and answers in the deposition of Dr, Weld are clearly competent and were rightly admitted. They are not open to the objections urged by the defendant’s counsel. It does not appear that the witness testified to any fact which was not derived from his own personal observation *324and examination of the patient. For aught that is disclosed in the exceptions, the knowledge which he had of the previous treatment of the female plaintiff by the physician who first attended her was derived entirely from his own diagnosis, unaided by any statements of other persons.
The other objection relied…
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