Smart v. Kansas City
Supreme Court of Missouri
Appeal from Platte Circuit Court . — Hon. A. D. Burnes, Judge. Information acquired by a physician or a surgeon from a patient while attending him in a professional character, and which information is necessary in order to enable him to prescribe for such patient, is incompetent evidence when objected to by the plaintiff. R. S. 1899, sec. 4659; Smoot v. Kansas City, 92 S. W. 363; Hayworth v. Co., 94 Mo. App. 215; Weitz v. Co., 53 Mo.
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Appeal from Platte Circuit Court . — Hon. A. D. Burnes, Judge. Information acquired by a physician or a surgeon from a patient while attending him in a professional character, and which information is necessary in order to enable him to prescribe for such patient, is incompetent evidence when objected to by the plaintiff. R. S. 1899, sec. 4659; Smoot v. Kansas City, 92 S. W. 363; Hayworth v. Co., 94 Mo. App. 215; Weitz v. Co., 53 Mo. App. 39. In order to carry out the purpose and the spirit of these statutes, the courts hold this prohibition includes not only the physician in charge of the…
1Opinion of the Court
IN DIVISION ONE.
WOODSON, J.
This is a suit which was instituted by the plaintiff against defendant, in the circuit Court of Jackson county, asking damages in the sum of twenty-five thousand dollars for personal injuries sustained by her through the alleged negligence of defendant in permitting a coal hole in one of its streets to become out of repair and remain in a dangerous condition for pedestrians to pass over, and that while passing over it she stumbled and fell upon her knee and side, and, as a result, received an injury to her right knee, which resulted in the amputation of her right…
2Cases cited58 opinions
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- People v. . KoernerNew York Court of Appeals · 1897
- Smith v. First National BankMassachusetts Supreme Judicial Court · 1868
- Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
- Thompson v. IshSupreme Court of Missouri · 1889
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3Cited by74 opinions
- Weis v. WeisOhio Supreme Court · 1947
- State Ex Rel. McNutt v. KeetSupreme Court of Missouri · 1968
- State v. SullivanWashington Supreme Court · 1962
- Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Brandt v. Medical Defense AssociatesSupreme Court of Missouri · 1993
69 more not listed; retrieve them via the Exa API.