Dittrich v. City of Detroit
Decision Date | 22 December 1893 |
Citation | 98 Mich. 245,57 N.W. 125 |
Court | Michigan Supreme Court |
Parties | DITTRICH v. CITY OF DETROIT. |
Error to circuit court, Wayne county; Cornelius J. Reilly, Judge.
Action by Otto Dittrich against the city of Detroit for personal injuries caused by a defective sidewalk. Judgment for plaintiff. Defendant brings error. Reversed.
John J. Speed and T. T. Leete, Jr., Asst. City Counselor, for appellant.
John Miner and Wm. C. Beckwith, for appellee.
Plaintiff seeks to recover for an injury to his left knee, alleged to have been occasioned by a fall, on October 23d, upon a defective sidewalk. The defendant offered testimony tending to show that on October 22d the walk had been repaired, and placed in a reasonably safe condition. Defendant's counsel also sought to show that the injury which plaintiff sought to charge upon defendant was, in part at least, due to an accident which had occurred August 9th. Plaintiff testified that on that date a street car had struck the same knee, and caused a crack in the kneecap, but "after that it got well;" that Dr. Black treated him for that injury; and that another physician prescribed for the last injury. Dr. Black was sworn for the defendant and testified that he had attended plaintiff for the first injury from August 10th to September 3d. He was then asked the following question, which was excluded "Was Mr. Dittrich discharged by you at that time (September 3d) from treatment?" The fact as to treatment by a physician is not a matter of privilege. Brown v Insurance Co., 65 Mich. 306, 32 N.W. 610. Defendant had the right to show, if that was the purpose, that plaintiff was not discharged from treatment, but witness refused to attend further, because another physician had been called in, without the consent of witness. This testimony would not have disclosed any information acquired by the witness in his previous attendance, or that it was necessary to enable him to prescribe, and it was error to exclude it.
Counsel for defendant requested the court to instruct the jury as follows: ...
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