59 S.E. 348 | N.C. | 1907
This action was brought to recover damages for injuries to the plaintiff by defendant's negligence. The plaintiff had taken passage on defendant's train from Greensboro to Ashboro on 23 July, 1906. He went to get some medicine for his wife and a glass of water, and while returning to his seat he received a severe shock, which was caused by the backing of the engine against the cars. He was hurled forward and then backward, falling against the arm of a seat, which (126) *92 injured his back, hips, and spinal column. There was evidence tending to show the extent of his injuries. In order to further prove the extent and nature of the injuries to himself, the plaintiff introduced Dr. Lewis, admitted to be a medical expert, who testified: "I have been a physician nearly twenty years. I examined the plaintiff on 7 and 8 July, 1907. There was nothing the matter with his lungs, but his heart beat a little fast. I found trouble — a swelling, puffiness, and tenderness over his right kidney." The witness was then asked the following question: "If the jury find the facts to be, from the evidence, that the plaintiff was injured by falling back against the arm of a seat in the train, and struck his back over the region of the kidney, and at the time it gave him great pain, followed by faintness or nausea, and that the second morning thereafter he passed urine, mixed with blood, and that several times since he has passed bloody urine, as late as the 5th day of this month; that his nervous system was affected, and when he makes a misstep or has a sudden jar he has acute pain in the region of the kidney, followed by passing bloody urine, what, in your opinion, is the cause of his being affected in this way?" The witness answered: "In my opinion, the kidney was dislocated by the fall, and the dislocation is permanent, and the plaintiff will be disabled for life, unless he has the kidney removed by an operation." The question and answer were objected to by defendant in apt time. The objections were overruled, and defendant excepted.
The exception as above stated was the only one in the case. There was a verdict for the plaintiff, and, judgment having been entered thereon, the defendant appealed.
(127) After stating the case: We cannot agree with the learned counsel of the defendant that this case bears any resemblance to Summerlin v. R. R.,
The ruling of the court in admitting the evidence of Dr. Lewis was, therefore, correct.
No error.
Cited: Lynch v. Mfg. Co.,
(129)