Fay v. Harlan
Massachusetts Supreme Judicial Court
Tort for assault and battery. At the trial in the Superior Court, before Allen, J., the plaintiff offered evidence tending to prove that he was struck upon the head by the defendant with the butt of a whip; and called Luther B. Morse, a physician, who testified that he attended the plaintiff immediately after the injury.
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Tort for assault and battery. At the trial in the Superior Court, before Allen, J., the plaintiff offered evidence tending to prove that he was struck upon the head by the defendant with the butt of a whip; and called Luther B. Morse, a physician, who testified that he attended the plaintiff immediately after the injury. The witness was then asked by the plaintiff, against the defendant’s objection, whether there were any complaints of suffering made by the plaintiff at the time. The judge allowed the witness to testify to such complaints made as statements of symptoms to him as attending…
1Opinion of the CourtAmes, J.
It is well settled that the declarations of a patient, as to his symptoms and complaints, to his physician, for the *245purpose of medical treatment and advice, are competent and admissible in evidence. They are not to be considered as mere hearsay, if made with a view to be acted on in a matter of grave personal concernment, in relation to which the party has a strong and direct interest to adhere to the truth. Barber v. Merriam,, 11 Allen, 322. All other visible symptoms and indications manifesting pain and suffering stand upon the same ground. The weight and value of such evidence are for the…
2Cases cited4 opinions
- Commonwealth v. LockwoodMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. John Dowdican's BailMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. GorhamMassachusetts Supreme Judicial Court · 1868
- Partridge v. HoodMassachusetts Supreme Judicial Court · 1876
3Cited by11 opinions
- Davidson v. . CornellNew York Court of Appeals · 1892
- Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
- Roosa v. Boston Loan Co.Massachusetts Supreme Judicial Court · 1882
- State v. BlydenburgSupreme Court of Iowa · 1907
- McKeigue v. City of JanesvilleWisconsin Supreme Court · 1887
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