188 Iowa 1349 | Iowa | 1920
“Q. How long since you have consulted or had the care of a physician, and for what ailments? A- Four years ago, had operation for hemorrhoids; entire recovery. Q. Name and address of physician. A. Mayo Brothers, at Rochester. Q. Have you ever had any of the following diseases : Enlarged glands, goiter,' scrofula, cancer, growths, or tumors? A. No. Q. Have you ever had or suspected you had any diseases of the breast, uterus, or ovaries? A. No.”
On the 24th day of June following, at Rochester, Minnesota, a surgeon, William J. Mayo, removed from her a large tumor, with a part of the womb, in which it was growing. “Anatomically,” as he testified, “it would be described as the removal of all the womb, excepting the neck, and the tumor which it contained.” This tumor was attached to a part of the uterus, and was about the size of a foetus six months advanced, and she appeared enlarged about as a woman would when six months pregnant. The patient died, after she had left the hospital, but while she was still under observation. The witness was unable to say absolutely whether there was any connection between the operation and her death. Though feeling perfectly well, as was made to appear, she suddenly fell dead. The doctor observed that:
“Many women come in here with tumors like that, and don’t know anything about it. Never discovered it, until it is found on the table. All the physical signs that would be noticeable by the patient would be the enlarged abdomen.”
“Q. Doctor, what, if any, relation was there between the embolism described and the operation in question? A. A distant connection, not relative to the character or site of operation nor the technique.”
He, as well as another physician who answered in response to a hypothetical question, was of the opinion that the tumor must have existed at least a year prior to the
The power to issue commissions for the taking of depositions has long been regarded as inherent in a court of equity, unless limited by statute; but it is well settled that, at common law, courts at law had no authority to issue commissions to take the testimony of witnesses de bene esse. Litigants were compelled to resort to chancery, or obtain the consent of the adverse party, to procure the testimony of witnesses abroad by depositions. To remedy this inconvenience, statutes have been passed in this and other states, providing for taking of depositions of nonresidents of the state, and the authority, so to do rests solely upon these statutes. Missouri & N. A. R. Co. v. Daniels, 98 Ark. 352 (136 S. W. 651) ; Paddock v. Kirkham, 102 N. Y. 597 (8 N. E. 214); International Coal Min. Co. v. Pennsylvania R. Co., 214 Pa. 469 (63 Atl. 880) ; Simpson v. Carleton, 1 Allen (Mass.) 109 (79 Am. Dec. 707) ; Kaelin v. Commonwealth, 84 Ky. 354 (1 S. W. 594). See Russell v. Fabyan, 35 N. H. 159, where the courts exercise the power, supposedly in consequence of a statute conferring on the superior court of that state “all power, jurisdiction, and authority
IV. The agent who obtained the application testified that he tendered a draft for $28.59 to the plaintiff. Counsel then remarked:
“For the purpose of examining this witness, the defendant offei’s and reads in evidence Exhibit 4, the draft identified.”
“You may state whether or not, if, instead of the answers to those parts of Questions 12 and 15 being all in the negative, they or any part of them had been in the affirmative, disclosing that this applicant had any of the diseases or disability inquired about, whether she would have been, in your opinion, an insurable risk.”
This question was objected to as incompetent, immaterial, a mere conclusion of the witness, and not within the issues. The objection was sustained. That part of the question under Question 12 was that relating to the tumor. The questions a, b, and f, of Question 15, were as follows:
“a. Have you ever had or suspected that you had any disease of the breast, uterus, or ovaries? A. No.” “b. Have you had change of life: if so, when? A. No.” “f. Are you now pregnant? A. No.”
No complaint is made because of falsely answering as to her change of life or pregnancy, and, therefore, the question as to each of these was immaterial. Nor was there any proof tending to show that she falsely answered the question as to pregnancy. Whether a tumor attached to the uterus is to be classified as a disease, we are not advised by the record. The only issue raised on which there was
What we have said disposes of all questions designated by appellant as “the principal matters complained of,” and others. Still others are suggested; but, as none of these are fairly debatable, we are content in saying that such rulings have our approval. The motion of appellee, for the assessment of penalty, is overruled. — Affirmed.