Gilman v. Town of Strafford
Supreme Court of Vermont
Case for injury on a highway. Plea, the general issue, and trial by jury, December Term, 1876, Redeield, J., presiding. The injury in question was alleged to have been caused by a log in the highway against which plaintiff drove in the dark, by means whereof he was thrown from his sleigh upon his hip or back, and so hurt as to cause partial paralysis.
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Case for injury on a highway. Plea, the general issue, and trial by jury, December Term, 1876, Redeield, J., presiding. The injury in question was alleged to have been caused by a log in the highway against which plaintiff drove in the dark, by means whereof he was thrown from his sleigh upon his hip or back, and so hurt as to cause partial paralysis. One ground of defence was, that if plaintiff had paralysis, it was induced by causes operative previous to the alleged accident; as, an abscess on his hip ; the erysipelas, etc. The plaintiff offered in evidence the depositions of Dr. Joseph…
1Opinion of the Court
The opinion of the court was delivered by
Eoyce, J.
The only exceptions taken on the trial that are now insisted upon are those in reference to the admission of certain questions put to, and the answers to the same given by, the medical experts, Drs. Merkel and Jackson. Those questions called for an opinion from said experts, based in whole or in part upon information derived from reading the deposition given by the plaintiff to be used in the case, and which was used upon the trial. The deposition being admissible as evidence, it could be used for all of and the same purposes that the evidence…
2Cases cited1 opinion
- Fairchild v. BascombSupreme Court of Vermont · 1862
3Cited by8 opinions
- State v. MoxleySupreme Court of Missouri · 1890
- Yardley v. CuthbertsonSupreme Court of Pennsylvania · 1885
- Schneider v. ManningIllinois Supreme Court · 1887
- Bowen v. City of HuntingtonWest Virginia Supreme Court · 1891
- State v. DohertySupreme Court of Vermont · 1900
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