Hethier v. . Johns
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 5, 1921, affirmining a judgment in favor of plaintiff entered upon a verdict. Plaintiff opened wide the door for the testimony of Dr. Whitney by giving her own testimony as to the examinations which he made and as to his treatment of her case. (Capron v. Douglass, 193 N. Y. 11; Dewey v. Cohoes & Lansingburgh Bridge Co., 170 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 5, 1921, affirmining a judgment in favor of plaintiff entered upon a verdict. Plaintiff opened wide the door for the testimony of Dr. Whitney by giving her own testimony as to the examinations which he made and as to his treatment of her case. (Capron v. Douglass, 193 N. Y. 11; Dewey v. Cohoes & Lansingburgh Bridge Co., 170 App. Div. 117; Morris v. N. Y., O. & W. R. R. Co., 148 N. Y. 88.) The exclusion of Dr. Whitney’s testimony was not error. (Hope v. Troy & Lansingburgh R.…
1Opinion of the CourtAndrews, J.
Where the plaintiff in an action brought to recover damages for personal injuries caused by the negligence of the defendant describes these injuries and their results and it appears that he has consulted or been treated by a physician in regard to them he waives the protection of section 834 of the Code (now section 352, Civil Practice Act). The physician may then be called by the defendant and examined as to any information acquired by him in the course of such consultation or treatment. The rule as it was formerly understood was altered by our decision in Capron v. Douglass (193 N. Y. 11).…
2Cases cited1 opinion
- Capron v. . DouglassNew York Court of Appeals · 1908
3Cited by23 opinions
- Steinberg v. New York Life InsuranceNew York Court of Appeals · 1933
- Munzer v. Swedish American LineDistrict Court, S.D. New York · 1940
- People v. Preston, New York County Courts1958
- People v. HamacherMichigan Supreme Court · 1989
- Hudman v. StateCourt of Criminal Appeals of Oklahoma · 1949
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