Chlanda v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Boto. A. B. Waller, Judge. (1) The trial court was right in excluding an answer by. Dr. Hixon (an attending physician) to the question as to plaintiff’s condition when he was first called to treat her.
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Appeal from Boone Circuit Court. — Boto. A. B. Waller, Judge. (1) The trial court was right in excluding an answer by. Dr. Hixon (an attending physician) to the question as to plaintiff’s condition when he was first called to treat her. What comes within a physician’s observation of his patient’s “condition,” when called to treat her, is within the professional secrecy imposed by the statute on that subject, which declares “incompetent to testify,” a “physician or surgeon, concerning any information which he may have acquired” while attending “in a professional character,” etc. R. S. 1899,…
1Opinion of the CourtLamm, J.
This is a suit for $35,000 damages for personal injuries alleged to have been received by plaintiff through the negligence of two domestic street railway corporations, viz., the St. Louis Transit Company and. the United Eailways Company of St. Louis.
Begun in the circuit court of the city of St. Louis, such changes of venue were had that the cause went to the Boone Circuit Court and was tried at Columbia before Judge Waller and a jury, resulting in a verdict against both defendants for $18,000. Defendants, not content, filed their separate motions for a new trial. The court sustained both,…
2Cases cited1 opinion
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
3Cited by29 opinions
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Jones v. Pennsylvania Railroad Co.Supreme Court of Missouri · 1944
- MacDonald v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Stokes v. Wabash Railroad Co.Supreme Court of Missouri · 1946
- Partello v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
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