Schozer v. William Penn Life Insurance

I would affirm.

In my view, the Trial Justice correctly denied admission of the doctor’s report stating that decedent’s heart was enlarged, because the X ray of the heart was not produced in court. The court’s ruling was consistent with an unbroken line of New York decisions which hold that a doctor may not express an expert opinion of what an X ray shows unless the X ray is *648before the court. We stated it most recently in Hambsch v New York City Tr. Auth.:

"With respect to the claimed fracture, plaintiff’s physician testified that, based on his reading of an X ray of her lower back, she was…