Pennsylvania R. v. Durkee
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Eastern District of New York. This cause comes here upon writ of error to review a judgment entered upon a verdict in favor of defendant in error, who was plaintiff below. The action was to recover damages for persona! injuries sustained in consequence of a collision between two trains; the plaintiff being at the time a passenger upon one of them.
1Opinion of the Court
LACOMBE, Circuit Judge.
There are only two assignments of error; one to a refusal to charge a request, the other to instructions given to the jury upon refusing to charge as requested. The request was:
“’Chat the jury have a right to infer, from the refusal of the plaintiff to permit Dr. Peterson to testify as to what he treated [plaintiff] for and what he found her condition to be, that bis testimony would be unfavorable to her.”
In refusing it the court said:
“I charge, on the other hand, that it is her privilege and her right, awarded to her by the law, to object to her physician giving any…
2Cases cited11 opinions
- The People v. . HoveyNew York Court of Appeals · 1883
- Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
- Newcomb v. StateMississippi Supreme Court · 1872
- McConnell v. City of OsageSupreme Court of Iowa · 1890
- Commonwealth v. WeberSupreme Court of Pennsylvania · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Baird v. KoernerCourt of Appeals for the Ninth Circuit · 1960
- United States v. CotterCourt of Appeals for the Second Circuit · 1932
- Munzer v. Swedish American LineDistrict Court, S.D. New York · 1940
- A. H. Robins Company, Inc. v. Kathlynn P. Fadely, D/B/A Physician's Apothecary and Physician's ApothecaryCourt of Appeals for the Fifth Circuit · 1962
- State v. RobySupreme Court of Minnesota · 1915
9 more not listed; retrieve them via the Exa API.