Moran v. Dover, Somersworth, & Rochester Street Railway Co.
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury and verdict for tbe plaintiff. Transferred from tbe September term, 1907, of tbe superior court by Stone, J. There was evidence that tbe plaintiff employed physicians to treat her for tbe injuries, and of tbe nature and extent of tbe treatment, but none as to tbe value or cost of tbe services.
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Case, for personal injuries. Trial by jury and verdict for tbe plaintiff. Transferred from tbe September term, 1907, of tbe superior court by Stone, J. There was evidence that tbe plaintiff employed physicians to treat her for tbe injuries, and of tbe nature and extent of tbe treatment, but none as to tbe value or cost of tbe services. Tbe defendant’s request that tbe jury be instructed “ that upon tbe evidence there could be no recovery for medical attendance and services of tbe physicians who treated tbe plaintiff ” was denied, subject to exception.
1Opinion of the CourtPeast.ee, J.
So far as a fact in issue is one upon wbicb men in general have “ a common fund of experience and knowledge,” the jury may use tliis information in making up their minds. 4 Wig. Ev., s. 2570. Such knowledge dispenses with the necessity for introducing evidence on the subject. It is also said that “ the scope of this doctrine is narrow; it is strictly limited to a few matters of elemental experience in human nature, commercial affairs, and every-day life.” lb.
It is apparent that the rule laid down cannot be applied with mathematical exactness. Upon the particular question involved in this…
2Cases cited5 opinions
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- McGarrahan v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
- Scullane v. KelloggMassachusetts Supreme Judicial Court · 1897
- Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Renshaw v. DignanSupreme Court of Iowa · 1905
3Cited by8 opinions
- Consolidated Arizona Smelting Co. v. EgichArizona Supreme Court · 1920
- Dowling v. L. H. Shattuck, Inc.Supreme Court of New Hampshire · 1941
- Gerbing v. McDonaldWisconsin Supreme Court · 1930
- DeTunno v. ShullOhio Court of Appeals · 1956
- Louisville & N. R. v. BurnsCourt of Appeals for the Sixth Circuit · 1917
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