Castanie v. United Railways Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. George G. Hitchcock, Judge. (1) The court erred in allowing Dr. McElwee to testify, over defendant’s objections, that he ascribed the condition of plaintiff’s hip to an injury she had received in being thrown from the street ear, thereby permitting him to invade the province of the jury.
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Appeal from St. Louis City Circuit Court. — Hon. George G. Hitchcock, Judge. (1) The court erred in allowing Dr. McElwee to testify, over defendant’s objections, that he ascribed the condition of plaintiff’s hip to an injury she had received in being thrown from the street ear, thereby permitting him to invade the province of the jury. Taylor v. Eailroad, 185 Mo. 255; Glasgow v. Eailroad, 191 Mo. 358; Smart v. Kansas City, 208 Mo. 202; State v. Hyde, 234 Mo. 252; Atkinson v. School, 240 Mo. 355. (2) The verdict is grossly excessive, and the court erred in refusing to grant defendant a new…
1Opinion of the Court
OPINION.
BOND, J.
(after stating the facts as above.)
*195Hypothetical Question. *194I. In the view we have taken of this case, it is only necessary to refer to the exceptions preserved *195as to the hypothetical question put to Dr. McElwee. This question, after embodying a suppositional statement of the testimony adduced on behalf of plaintiff in reference to the occurrence of the injury, was permitted to he asked by the court so as to conclude with the following inquiry, to-wit: “Q.. I ask you the question, do you ascribe that present condition to the injury I described to you in the hypothetical…
2Cited by26 opinions
- Fellows-Kimbrough v. Chicago City Railway Co.Illinois Supreme Court · 1916
- The People v. RongettiIllinois Supreme Court · 1929
- Drakulich v. Industrial CommissionOhio Supreme Court · 1940
- Armour & Co. v. LeasureCourt of Appeals of Maryland · 1939
- Laughlin v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1918
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