Jones v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Minnesota
Action brought in the district court for Blue Earth county, to recover damages for personal injuries. At the trial, before Severance, J., the plaintiff introduced evidence tending to prove the following state of facts: One of defendant’s regular way trains was a mixed train, and on October 16, 1886, this train was made up of 21 freight cars and a “combination” car, divided by a cross partition into two compartments, one for passengers and one for baggage.
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Action brought in the district court for Blue Earth county, to recover damages for personal injuries. At the trial, before Severance, J., the plaintiff introduced evidence tending to prove the following state of facts: One of defendant’s regular way trains was a mixed train, and on October 16, 1886, this train was made up of 21 freight cars and a “combination” car, divided by a cross partition into two compartments, one for passengers and one for baggage. This car had steps and a door at each end, and a door in the partition between the two compartments. When the train reached Lake Crystal,…
1Opinion of the CourtGilfillan, C. J.
In the various hypothetical questions put by the plaintiff to his expert medical witnesses, to elicit their opinions, we do not find that any fact was assumed that there was not evidence in the case fairly tending to prove. The rule is that for the purpose of a question to an expert witness, to call out his opinion, the party may assume as facts what the evidence tends to prove; and we do not see that the plaintiff was permitted in any instance to depart from this rule. The question in such a ease usually states the facts assumed to be proved. Strictly, perhaps, it ought to. But for…
2Cases cited1 opinion
- Watkins v. HackettSupreme Court of Minnesota · 1873
3Cited by13 opinions
- Sweetland v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Williams v. Great Northern Railway Co.Supreme Court of Minnesota · 1897
- Tvrz v. StateNebraska Supreme Court · 1951
- Crozier v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1908
- Cooper v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1893
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