74 Ind. App. 469 | Ind. Ct. App. | 1918
Appellee brought this action against appellant to recover for personal injuries which she avers-were received by her through a collision between his automobile and a buggy in which she was riding. The complaint was answered by a general denial, and the issues thus joined were submitted to a jury for trial, and resulted in a verdict and judgment for appellee for-$1,500.
Appellant’s motion for a new trial was overruled, and this action of the trial court is the sole error relied upon for reversal.
The extent of appellee’s injuries, their probable permanency, and their effect upon her ability to pursue her vocation of school teaching were some of the questions .for consideration, and, for the purpose of aiding the jury in the consideration of the same, the deposition of Dr. Rupe as an expert witness was taken by appellee, and before the trial appellant moved to strike out and suppress therefrom the following: “Q. From what you saw and learned of her ailments that you have described and her physical condition on February last and from what you saw and learned from the casual inquiry regarding her health on the two occasions when you say you have seen her since said last date, what would you say, doctor, as to whether she is at this time physically and mentally able and fit to perform the general duties of a school teacher in the school room? A. She is not fit to perform those duties. Q. From what you learned of Miss Greer’s ailments and physical con
Whatever may have been appellee’s purpose in calling upon Dr. Rupe for a physical examination, the record is clear that he at that time did not know that she
It is next contended by appellant that statements -made by a physician to his patient are hearsay, and therefore are not admissible in evidence, and for this reason appellee should not have been permitted, over appellant’s objection, to answer the following question: “If you learned or knew what trouble you were suffering from at that time, you may tell what it was ?”
This was a second trial of the case, at which time appellee testified that after the collision he saw appellant step out of the buggy first upon the step of the
We are of the opinion that it clearly appears from the whole record that there was ample evidence to support the judgment given appellee in this case, and that appellant was in no manner harmed by any of the rulings disclosed in his brief.
Judgment affirmed.