Webb v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) The physicians who treated Mrs. Webb were competent witnesses. She had divulged the confidential communications and thereby had waived the privilege to object to their competency to testify in relation thereto. At common law a physician is competent to testify against his patient; it is only by statute that his incompetency to do so exists.
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Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) The physicians who treated Mrs. Webb were competent witnesses. She had divulged the confidential communications and thereby had waived the privilege to object to their competency to testify in relation thereto. At common law a physician is competent to testify against his patient; it is only by statute that his incompetency to do so exists. Revised Statutes 1899, sec. 4659. (2) This statute was borrowed from New York and the construction placed thereon by the courts of that State has generally received the approval of the…
1Opinion of the CourtBroaddus, J.
This is a suit by Lizzie Webb, in which her husband, Larkin Webb, joins, for damages for personal injury alleged to have been caused by the negligence of the defendant’s street railway in Kansas City, Missouri. The evidence shows that the plaintiff’s injury was occasioned by a collision of the car, on which she was a passenger, with another street car. The question of liability for the injury is not raised by this appeal, but it is contended that Mrs. Webb’s injuries were slight and that the verdict of the jury for $1,150 was excessive. That the court erred in admitting and refusing *607competent…
2Cases cited6 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Groll v. TowerSupreme Court of Missouri · 1884
- Treanor v. Manhattan Railway Co.New York Court of Common Pleas · 1891
- Streeter v. City of BreckenridgeMissouri Court of Appeals · 1886
- Corbett v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
- Smart v. Kansas CityMissouri Court of Appeals · 1902
- Missouri & North Arkansas Railroad v. DanielsSupreme Court of Arkansas · 1911
- Dahlquist v. Denver & R. G. R. Co.Utah Supreme Court · 1918
- Highfill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1902
7 more not listed; retrieve them via the Exa API.