Cronin v. Fitchburg & Leominster Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for injuries alleged to have been caused by a collision of an electric car of the defendant with a wagon in which the plaintiff was driving, on September 27, 1898. Writ dated June 12, 1899. At the trial in the Superior Court before Bond, J., Dr. Frank C. Richardson of Boston was called as a witness by the plaintiff and qualified as an expert who had made a specialty of nervous diseases.
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Tort for injuries alleged to have been caused by a collision of an electric car of the defendant with a wagon in which the plaintiff was driving, on September 27, 1898. Writ dated June 12, 1899. At the trial in the Superior Court before Bond, J., Dr. Frank C. Richardson of Boston was called as a witness by the plaintiff and qualified as an expert who had made a specialty of nervous diseases. He testified in regard to an examination of the plaintiff made by him on May 18,1901, as follows: “ I obtained from him his statement of his sufferings at the time of his accident.” Against the objection…
1Opinion of the CourtBarker, J.
It is plain that the statement by a party to a cause of his bodily and nervous symptoms made long after the occurrence of the accident to which he attributes them and for purposes connected with the preparation for trial of a suit in which his condition of health is material, and not made to a physician for the purpose of obtaining advice or treatment are not admissible in evidence in his own favor as proof of the truth of the matters stated.
It is equally plain that every person admitted as an expert to testify to his opinion may state in his testimony the grounds and reasons for that…
2Cases cited1 opinion
- Koplan v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1900
3Cited by14 opinions
- Simon v. SolomonMassachusetts Supreme Judicial Court · 1982
- Beahm v. ShortallCourt of Appeals of Maryland · 1977
- Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1907
- Adams v. BensonCourt of Appeals of Maryland · 2001
- State v. BlydenburgSupreme Court of Iowa · 1907
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