Freel
Freel v. Market Street Cable Railway Co.
Opinion
Lead Opinion
Foote, J.
This was an action for damages for injuries done the plaintiff while endeavoring to get upon the car of the defendant.
Judgment was givén in favor of plaintiff, from which, *42 and an order refusing a new trial, this appeal is taken. The only grounds urged for a reversal of the judgment and order are: —
1. That the court erred in compelling defendant’s counsel to give to plaintiff’s counsel certain written statements of employees of defendant in relation to the facts surrounding the occurrence which caused the plaintiff’s injury, which statements were in the possession of the defendant’s counsel, and which plaintiff’s counsel desired to use as a foundation to impeach the testimony of Thomas Hurley, a witness for defendant.
2. That the court erred in refusing to allow Dr. Hutchins, a physician who had prescribed for plaintiff, to give evidence of information acquired by him of her physical condition, which was necessary for him to know in prescribing for her.
The rulings of the court upon these matters were fully discussed on the motion for a new trial, and the learned judge of that tribunal gave reasons for his rulings in the premises, which read thus: —
“ 1. As to the first…