70 P. 996 | Utah | 1902
after stating the facts, delivered the opinion of the court.
The errors assigned upon this appeal are all based upon testimony admitted into the record over defendant’s objection, and which appellant claims constituted prejudicial error. During the trial, Dr. Anderson, a witness for plaintiff, was asked the following hypothetical question: “Q. I would ask you, if a person during the major portion of her lifetime had been in the enjoyment of good health, except at times of confinement, and in case of suffering for some time with milk leg in the opposite leg to the one that may be injured; if a person in the enjoyment of health under such circumstances, should be on a train, and two trains collided, and if that person under those circumstances, in that collision, is thrown violently to the floor, with another person on her, and afterwards begins to menstruate, and a week later passes a. mass of substance about the size of an egg, after some days’ slight and then heavy menstruation — what, in your opinion, would that substance be, and what, in your opinion, would be the cause of its discharge from the patient? In addition, doctor, to those conditions which I have stated, a patient,
“In a civil case all the undisputed facts of the case must be included in a hypothetical question, both as a matter of sound principle and of reason and justice. Neither party has a right to discard an important undisputed fact because the insertion of such fact may alter or vary the answer or opinion of the witness to the prejudice of such party.” People v. Vanderhoof, 71 Mich. 158, 39 N. W. 28; Levinson v. Sands, 81 Ill. App. 578; Davis v. State, 35 Ind. 496, 9 Am. Rep. 760; Vosburg v. Putney, 80 Wis. 523, 50 N. W. 403, 14 L. R. A. 226, 27 Am. St. Rep. 47.
We also think the court erred in permitting Mrs. Hansen, a non-expert witness for plaintiff, to answer the following question over the defendant’s objection: “Q. Mrs.
We see no other errors in the record, but, for the reasons above stated, we think the trial court should have granted a new trial. It is therefore ordered that the case be reversed, with costs, and that the cause be remanded to the lower court, with directions to grant a new trial.