Noelle v. Hoquiam Lumber & Shingle Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Chelialis county, Irwin, J., entered March 25, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by an employee in a sawmill.
1DissentRoot, J.
(dissenting)—I dissent from that portion of the opinion that holds that a physician and surgeon cannot testify to the nature and extent of an injury to a patient after the latter has himself voluntarily testified thereto. The statute in question, being in derogation of common law, must be strictly construed against him who invokes its aid. The purpose of a trial is to elicit the truth. The truth, when material to an issue, should be suppressed only when its utterance would contravene some recognized principle of public policy. A physician is properly prohibited from revealing the secrets of…
2Cases cited16 opinions
- Hunt v. BlackburnSupreme Court of the United States · 1888
- Brown v. Metropolitan Life InsuranceMichigan Supreme Court · 1887
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- Morris v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1895
- Lane v. BoicourtIndiana Supreme Court · 1891
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