Western Union Telegraph Co. v. Morris
Supreme Court of Kansas
Error from Jackson district court; Marshall Gephart, judge. STATEMENT. Daisy E. Morris is the wife of the defendant in error. On the morning of December 4, 1895, she commenced to feel ill, having pain in her head and shoulders.
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Error from Jackson district court; Marshall Gephart, judge. STATEMENT. Daisy E. Morris is the wife of the defendant in error. On the morning of December 4, 1895, she commenced to feel ill, having pain in her head and shoulders. This indisposition increased during the day, so that along early in the evening her husband telegraphed from Hoyt, Kan., which was near the place of his residence, to Doctor Dawson, a physician in North Topeka : ‘ ‘ Come on the morning train and not fail. Answer.” An error occurred in the transmission' of this message, and Doctor Dawson was not informed thereby of the…
1Opinion of the Court
The opinion of the court was delivered by
Cunningham, J.:
Several grounds of error are alleged. We shall discuss but two. After having testified to the progress of the disease, so far as he had observed it, the following questions were asked of Doctor Dawson:
“I will ask you, doctor, if you had seen Mrs. Morris *413at the time that her disease became acute, if, in your opinion, you could have cured her and prevented the operation that afterward took place?”
“Doctor, if you had been there to see this patient in time, that is, in the early inception of peritonitis, when it commenced, and could have or…
2Cases cited4 opinions
- Tefft v. WilcoxSupreme Court of Kansas · 1870
- Burns v. BarenfieldIndiana Supreme Court · 1882
- A. T. & S. F. Rld. v. FrazierSupreme Court of Kansas · 1882
- Atchison, Topeka & Santa Fe Railway Co. v. DavisSupreme Court of Kansas · 1902
3Cited by12 opinions
- Cain v. SteelySupreme Court of Kansas · 1953
- Priest v. Kansas City Life InsuranceSupreme Court of Kansas · 1924
- Temple v. Continental Oil Co.Supreme Court of Kansas · 1958
- Carlburg v. Wesley Hospital & Nurse Training SchoolSupreme Court of Kansas · 1958
- Murphy v. Edgar Zinc Co.Supreme Court of Kansas · 1929
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