Legal Opinion

Lehman v. Knott

Oregon Supreme Court

Decided March 29, 1921PublishedCited by 31 opinions

From Clackamas: James IJ. Campbell, Judge. Department 2. This is an action for damages against the defendant, George 0. Knott, a physician and surgeon, for negligence in setting and treating the hones of plaintiff’s wrist. The cause was tried hy the court and a jury, and a verdict rendered in favor of plaintiff for the sum of $750. From a consequent judgment defendant appeals.

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From Clackamas: James IJ. Campbell, Judge. Department 2. This is an action for damages against the defendant, George 0. Knott, a physician and surgeon, for negligence in setting and treating the hones of plaintiff’s wrist. The cause was tried hy the court and a jury, and a verdict rendered in favor of plaintiff for the sum of $750. From a consequent judgment defendant appeals. The plaintiff, Lina Lehman, while running from a deer near Wolf Creek, in Douglas County, about 4 o’clock p. si. on November 8, 1918, fell and sustained a fracture of the left wrist. Both the ulna, the wrist bone back…

1Opinion of the CourtBean, J.

1-6. As an expert is not allowed to draw inferences or conclusions of fact from the evidence, his opinion should be exact upon a hypothetical statement of fact. It is the privilege of counsel to assume any state of facts which there is any testimony tending to prove, and to have the opinion of the expert based on the facts assumed. But the testimony should tend to establish the facts embraced in the question. If the hypothetical question is clearly exaggerated and unwarranted by any testimony in the case, an objection to it should be sustained: Rodgers on. Expert Testimony (2 ed.), § 27. The…

2Cases cited14 opinions

  1. Elliott v. RussellIndiana Supreme Court · 1884
  2. Pyle v. PyleIllinois Supreme Court · 1895
  3. Mayo v. WrightMichigan Supreme Court · 1886
  4. Merriam v. HamiltonOregon Supreme Court · 1913
  5. Dishman v. Northern Pacific Beneficial Ass'nWashington Supreme Court · 1917

9 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Lippold v. KiddOregon Supreme Court · 1928
  2. Rogers v. Meridian Park HospitalOregon Supreme Court · 1989
  3. Eckleberry v. Kaiser Foundation Northern HospitalsOregon Supreme Court · 1961
  4. Wemett v. MountOregon Supreme Court · 1930
  5. Rader v. Gibbons and Reed CompanyOregon Supreme Court · 1972

26 more not listed; retrieve them via the Exa API.

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