Epstein v. Pennsylvania Railroad
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. The court erred in excluding the testimony of the two physicians who assisted Dr. Elston in examining plaintiff and dressing his injuries at Corry Hospital. The plaintiff testified as to what took place at the hospital, going fully into the details. Dr. Phelps and Dr. Christie were present assisting Dr. Elston. The court permitted Dr. Elston to testify, but rejected the testimony of the assisting physicians.
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Transferred from St. Louis Court of Appeals. The court erred in excluding the testimony of the two physicians who assisted Dr. Elston in examining plaintiff and dressing his injuries at Corry Hospital. The plaintiff testified as to what took place at the hospital, going fully into the details. Dr. Phelps and Dr. Christie were present assisting Dr. Elston. The court permitted Dr. Elston to testify, but rejected the testimony of the assisting physicians. When plaintiff removed the seal of secrecy as to the events which occurred at the hospital, he waived his privilege, not only as to Dr.…
1Opinion of the Court
IN DIVISION TWO.
FARIS, J.
This is an action for personal injuries alleged by the plaintiff to have been incurred by him in a wreck on defendant’s railroad on the night of January 6, 1906. The case was tried in the circuit court of the city of St. Louis, and resulted in a verdict by nine of the jurors in favor of plaintiff, as*7sessing his damages at the sum of four thousand dollars. From this verdict and the judgment which followed, defendant, after the usual motions for a new trial, and in arrest of judgment, appealed to the St. Louis Court of Appeals. The case was heard in the St. Louis Court…
2Cases cited28 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Thompson v. IshSupreme Court of Missouri · 1889
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Carrington v. City of St. LouisSupreme Court of Missouri · 1886
- Briesenmeister v. Supreme Lodge Knights of Pythias of the WorldMichigan Supreme Court · 1890
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3Cited by55 opinions
- Susco Car Rental System of Florida v. LeonardSupreme Court of Florida · 1959
- State Ex Rel. McNutt v. KeetSupreme Court of Missouri · 1968
- Brandt v. Medical Defense AssociatesSupreme Court of Missouri · 1993
- Hemminghaus v. FergusonSupreme Court of Missouri · 1948
- State ex rel. City of Sedalia v. Public Service CommissionSupreme Court of Missouri · 1918
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