Missouri & North Arkansas Railroad v. Daniels
Supreme Court of Arkansas
Appeal from Boone Circuit Court; Brice B. Hudgins, Judge; 1. Where the plaintiff testifies to ailments alleged to have resulted from an accident and attributes the same to such accident, and introduces the testimony of a physician who treated her after the accident, who likewise 'attributes her diseased condition to such accident, she, by introducing such testimony, waives the right to have considered as privileged communications to, and discoveries made by, physicians who…
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Appeal from Boone Circuit Court; Brice B. Hudgins, Judge; 1. Where the plaintiff testifies to ailments alleged to have resulted from an accident and attributes the same to such accident, and introduces the testimony of a physician who treated her after the accident, who likewise 'attributes her diseased condition to such accident, she, by introducing such testimony, waives the right to have considered as privileged communications to, and discoveries made by, physicians who treated her before the alleged accident for the same disease. N. Y. Code, § § 834-836; Kirby’s Dig. § 3098; 4 Wigmore on…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by Mattie Daniels, plaintiff below, to recover damages for personal injuries which she alleged she sustained in alighting while a passenger from one of defendant’s trains at the station of Batavia, Ark. She alleged that when she was descending the steps of the coach to the depot platform the conductor in charge of the train took hold of her arm and carelessly and negligently jerked her, causing her to fall to the depot platform; that in falling she struck her knee on the edge of the platform, and twisted her body to such an extent that it resulted in a prolapsus…
2Cases cited11 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Westover v. . Aetna Life Ins. Co.New York Court of Appeals · 1885
- Burgess v. Sims Drug Co.Supreme Court of Iowa · 1901
- Holloway v. Kansas CitySupreme Court of Missouri · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. FuquaSupreme Court of Arkansas · 1914
- Maryland Casualty Co. v. MaloneySupreme Court of Arkansas · 1915
- McDole v. StateSupreme Court of Arkansas · 1999
- Metropolitan Casualty Insurance v. ChambersSupreme Court of Arkansas · 1918
- National Annuity Ass'n v. McCallSupreme Court of Arkansas · 1912
16 more not listed; retrieve them via the Exa API.