Jacobs v. City of Cedar Rapids
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court. — C. B. Robbins, Judge. Plaintiff claims to have been injured by a fall upon a sidewalk, caused by alleged negligence of defendant in allowing snow and ice to remain on the walk. She has judgment upon verdict. The appeal presents whether testimony of a physician offered by defendant was rightly excluded for being privileged under the statute.
1Opinion of the CourtSalinger, J.
1. Witnesses: competency. privileged communications: waiver 2. Evidence : weight and sufficiency: conclusiveness on party offering : right to deny truthfulness. I. The sole point urged „ .. ... tor reversal is sustaining objection to the testimony of a physician on the ground that it was incompetent, for being a breach of privilege. The argument is, in effect, that the necessary relation did not exist, or, if it did, that testimony given by the objecting party and her witnesses waived the privilege. Plaintiff- testified that, before her injury, she was in good health and able to do all kinds…
2Cases cited50 opinions
- McConnell v. City of OsageSupreme Court of Iowa · 1890
- Gustafson v. RustemeyerSupreme Court of Connecticut · 1898
- Burgess v. Sims Drug Co.Supreme Court of Iowa · 1901
- Baxter v. City of Cedar RapidsSupreme Court of Iowa · 1897
- Barr v. City of OmahaNebraska Supreme Court · 1894
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3Cited by20 opinions
- Miller v. StevensSouth Dakota Supreme Court · 1934
- Johnson v. KinneySupreme Court of Iowa · 1942
- Brown v. GuiterSupreme Court of Iowa · 1964
- Pearson v. ButtsSupreme Court of Iowa · 1937
- Barnard v. Cedar Rapids City Cab Co.Supreme Court of Iowa · 1965
15 more not listed; retrieve them via the Exa API.