Sund v. Chicago, Rock Island & Pacific Railway Co.

Plaintiff was a locomotive engineer. He sues to recover for personal injuries arising out of the explosion of a locomotive boiler. He charges negligence. Defendant admits liability. The trial involved only the amount. Defendant’s physician attended plaintiff. In preparing for trial plaintiff was examined by three physicians for the purpose of qualifying them as witnesses in his behalf on the trial. They were called and testified. The verdict was for $22,000. Defendant has appealed from an order denying its motion for a new trial.

One of the physicians, over the defendant’s objection of…