Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont Volume 81
2012 · 218 pages
About this book
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 Excerpt: ...that the plaintiff claimed that by reason of unskilful treatment her wrists still caused her suffering. In this view it was competent for her to show their condition at any time before or during the trial. The fact was not withheld from the jury that the experts had recently manipulated them, and there was no occasion for their being misled., 8. This exception cannot be better stated than by quoting from the record: "On direct examination, in the opening of her case, the plaintiff testified, the court ruled, and the defendant objected and excepted, as follows: Q. I wish you would tell the number of different doctors that Dr. Norcross has had examine your wrists since this controversy arose. A. There was Dr. Steming of Coaticook. Dr. Potter of East Charleston. _ Mr. Redmond: The examinations of her wrists are immaterial. We object to this line of evidence as being wholly immaterial, any evidence of prior examinations; whatever examinations were made, were made with her consent; nobody claims the contrary. IIr. Howe: We expect to show that another examination was made at the time this case was tried before with the same result and same effect upon the plaintiff; that that examination was made by Dr. Mitchell and Dr. Leith of Lancaster and by Dr. Allen, a very eminent surgeon of St. Johnsbury, and these doctors testified before and all three testified that she received a Colle's fracture. Mr. Redmond: We object to Mr. Howe pursuing this matter further and ask for an exception to the remarks already made. I Mr. Howe: Instead of changing our position or making any change of witnesses I offer to show by these witnesses that was the reason the pictures were not introduced and as tending to show a shift of this defence if they don't call Drs. Mitc...
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