The appellant relies upon the point that, in the admission of certain evidence the trial court materially -erred. The action was brought to recover damages for personal injuries, of a severe and permanent nature, received by plaintiff from an explosion of naptha, which had leaked into the city sewers from a defective pipe belonging to defendant. The physician who attended the plaintiff was examined as a witness, and gave evidence concerning the nature and duration of the injuries. The errors in the' rulings, which were
Q. Assuming the man’s age to be from 58 to 60 years, and judging from that and from, the whole history of his case and what you have learned of it in all ways, would you say that it is your opinion that the trouble of the heart is likely to improve to any extent in his case or not ?
Objected to as immaterial and incompetent.
Received. Exception.
A. I think it is not likely to improve.
Q. The same question in regard to his neck and spine and the position of his head, what do you say in regard to that trouble, from your history of the case and your experience with it ?
Objected to, as immaterial and incompetent.
Received. Exception.
A. The spinal trouble would improve were it not for the fact that he is obliged to carry himself in this condition. That will keep up an irritation of the spine continually, because this stiffening cannot be removed.
It is to be observed that the objection does not specify the grounds for excluding the question, or in what respects the evidence, called for by the question, is improper, and it is in effect general in its nature. As a general objection, it may be conceded that it would suffice if the question was altogether an improper one or the evidence called for, in its nature, quite inadmissible. But we cannot say that. The witness was qualified to give Ms- opinion upon the natural and reasonably certain consequences in the future to be expected from the physical injuries and disturbances from which the plaintiff suffered, and such evidence would be properly admitted. He might also have properly given his opinion upon a hypothetical case, presented by a question which resumed the facts disclosed by the evidence. The objectionable feature in the questions, as asked, consisted in the counsel’s calling for an opinion based upon the witness’
The judgment and order should be affirmed, with costs to respondent.
All concur.
