Lilley

The defendant» is a physician and surgeon, and this action is to recover damages for his alleged negligence and unslcillfulness in setting a broken arm of the plaintiff Sarah E. Lilley. The plaintiffs recovered a judgment for one thousand dollars. The defendant appeals.

Upon the trial, the plaintiffs were permitted, in the examination in chief of medical witnesses called by themselves, to read extracts from Agnew’s Surgery, shown to be a standard work and authority on that subject, and then to ask the witnesses if what was so read corresponded with their own judgment. The decision of the court in overruling the objection of defendant to this mode of examination was erroneous. The only effect of these questions and answers was to place before the jury the opinion of the author of the book referred to, and it is also apparent that this was the object sought. But it is not permissible in this manner to evade the general rule of evidence which excludes medical books and opinions found therein as incompetent. (Commonwealth v. Sturtivant, 117 Mass. 122 ; Galligher v. Market St. R’y Co., 67 Cal. 17 ; 56 Am. Rep. 713 .) In the cases of Marshall v. Brown, 50 Mich. 148 , Fisher v. S. P. R.…