Harrison

Harrison v. De Young

Good Law
1935 Cal. App. LEXIS 340·3 Cal. App. 2d 662·39 P.2d 866
Court of Appeal of CaliforniaJanuary 17, 1935Civ. 9125California672 words

Opinion

Opinion

Crail, J.

This is an appeal from a judgment in favor of the plaintiff in an action for damages for personal injuries resulting from a collision of automobiles.

The appellants (defendants) contend that the trial court erred in overruling certain objections to hypothetical questions put to medical experts on the ground that such questions assumed facts not in evidence. We have examined the questions and the evidence with regard to the facts assumed and we find that the rulings of the trial court were proper.

It is next contended that the trial court erred in refusing to grant a motion to strike the testimony of one of the doctors, particularly that part of his testimony dealing with post-traumatic neurosis on the ground that the doctor admitted he was not qualified as an expert witness to testify on that subject. The doctor properly qualified himself at the commencement of his direct examination. Upon cross-examination the following question was asked and answered : “Q. Most everybody that has any kind of automobile accident has post-traumatic neurosis, don’t they, Doctor, whether it be a head injury or an arm injury or a foot injury, is that not so? A. I do not believe I am qualified as an…

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