Boulanger v. McQuesten
Supreme Court of New Hampshire
Action at Law, for negligence. Trial by jury and verdict for the defendants. The plaintiff alleged and testified to an injury September 30, 1913, while he,,was in the defendants’ employ. In December, 1914, he consulted a physician who was called as a witness by him and testified that his treatment of the plaintiff was based upon his injury and the history given by him. The question, “What history did he give you?” was excluded subject to exception.
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Action at Law, for negligence. Trial by jury and verdict for the defendants. The plaintiff alleged and testified to an injury September 30, 1913, while he,,was in the defendants’ employ. In December, 1914, he consulted a physician who was called as a witness by him and testified that his treatment of the plaintiff was based upon his injury and the history given by him. The question, “What history did he give you?” was excluded subject to exception. The defendants offered evidence that the plaintiff was not employed by them before November 13, 1913. The plaintiff, recalled after the defendants…
1Opinion of the Court
Parsons,' C. J.
The history given the physician by the plaintiff , over a year after the accident was not admissible as evidence of the accident or in corroboration of his statements at the trial. This is too plain for discussion. The only ground upon which the admissibility of the question is now urged is that the physician’s information as to the cause of the injury is competent as explaining and giving weight to his conclusions. If the purpose of the inquiry was under the pretext of offering evidence of the foundation of the physician’s opinion to violate the general rule excluding prior…
2Cases cited2 opinions
- St. Laurent v. Manchester Street RailwaySupreme Court of New Hampshire · 1915
- Kendall v. FlandersSupreme Court of New Hampshire · 1903
3Cited by4 opinions
- Bennett v. BennettSupreme Court of New Hampshire · 1943
- Daley v. Metropolitan Life InsuranceSupreme Court of New Hampshire · 1925
- Danos v. Manchester Coal & Ice Co.Supreme Court of New Hampshire · 1946
- Athanasiou v. RoftsiasSupreme Court of New Hampshire · 1933