Legal Opinion

Wells v. New England Mutual Life Insurance

Supreme Court of Pennsylvania

Decided July 21, 1898No. Appeal, No. 294PublishedCited by 9 opinions

Appeal, No. 294, Jan. T., 1897, by defendant, from judgment of C. P. Luzerne Co., May T., 1893, No. 99, on verdict for plaintiff. Assumpsit on a policy of life insurance.

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Appeal, No. 294, Jan. T., 1897, by defendant, from judgment of C. P. Luzerne Co., May T., 1893, No. 99, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before Gunster, J. At the trial defendant offered in evidence the deposition of Dr. J. B. Crawford taken on July 81, 1898, filed in compliance with the rules of court, and regular in every respect; for the purpose of showing that the insured died from the result of a criminal abortion, and that she had had abortiows performed on her prior to that time. Plaintiff objected because it appeared from the deposition that Dr.…

1Opinion of the Court

Opinion by

Mr. Justice Green,

The Act of June 18, 1895, P. L. 195, is in the following words, viz : “ That no person authorized to practice physics or surgery shall be allowed, in any civil case, to disclose any information which is acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity, which shall tend to blacken the character of the patient, without his consent.” It will be seen at once that the act establishes a personal incapacity only. It is the physician, attending a patient, who is prohibited from testifying to…

2Cases cited5 opinions

  1. Galbraith v. ZimmermanSupreme Court of Pennsylvania · 1882
  2. Pratt v. PattersonSupreme Court of Pennsylvania · 1876
  3. Freyvogel v. AndersonSupreme Court of Pennsylvania · 1880
  4. Evans v. ReedSupreme Court of Pennsylvania · 1875
  5. Evans's v. ReedSupreme Court of Pennsylvania · 1877

3Cited by9 opinions

  1. Commonwealth v. ShoemakerSuperior Court of Pennsylvania · 1900
  2. Lock EstateSupreme Court of Pennsylvania · 1968
  3. Exleton v. StateCourt of Criminal Appeals of Oklahoma · 1925
  4. McCoy v. StateSupreme Court of Alabama · 1930
  5. Gilham v. GilhamSuperior Court of Pennsylvania · 1955

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