Graves v. Katzen, (No. 7222)

CourtSupreme Court of West Virginia
Writing for the CourtLITZ, J.
Citation112 W.Va. 467
PartiesStanley Graves, By etc. v. Isaoor'e Katzen, Trading, etc.
Docket Number(No. 7222)
Decision Date11 June 1932

112 W.Va. 467

Stanley Graves, By etc.
v.
Isaoor'e Katzen, Trading, etc.

(No. 7222)

Supreme Court of Appeals of West Virginia.

Submitted May 24, 1932.
Decided June 11, 1932.


[112 W.Va. 467]

1. Evidence

A medical expert, properly qualified, may testify as to the probable future consequences of an injury, provided the consequences anticipated are such as in the ordinary course of events may reasonably be expected to happen, and are not merely speculative or possible.

2. evidence

Non-experts, when qualified by adequate observation of a person, may testify as to his mental capacity.

Error to Circuit Court, McDowell County.

Action by Stanley Graves, suing by next friend, against Tsadore Katzen, trading as the McDowell Supply Company. To review a judgment in favor of the plaintiff, the defendant brings error.

Affirmed.

Crockett & Tucker and C. A. Tutwiler and Steptoe & Johnson, for plaintiff in error.

Strother, Sale, Curd & St. Clair, for defendant in error.

Litz, Judge-.

This is a writ of error to a judgment of $12,500.00 in favor of plaintiff, Stanley Graves, suing by next friend, against defendant, Isadore Katzen, trading as McDowell Supply Company, for personal injury sustained by plaintiff when struck by a motor truck owned and operated by defendant.

The accident occurred about six p. m., January 20, 1931, in the city of Welch. Plaintiff (nineteen years of age), accompanied by Samuel Solins, while walking, along the left side of a paved highway, was hit by the truck approaching from the rear, when it attempted to pass another motor

[112 W.Va. 468]

vehicle proceeding in the same direction. He was thrown about ten feet to the pavement where his head struck, causing a compound depressed fracture of the skull, which rendered his unconscious. One of his knees also was seriously injured. Upon his immediate removal to a hospital, he underwent an operation involving the removal of a piece of the skull about the size of a silver quarter, pressing on the brain, and a hemorrhage of blood between the skull and the outer covering of the brain. He was discharged from the hospital February 4th, following, and returned to his work as stenographer for Solins a few weeks later.

The admission of lay and expert...

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5 practice notes
  • State v. Evans, No. 10347
    • United States
    • Supreme Court of West Virginia
    • 10 Septiembre 1951
    ...586; Rogers on Expert Testimony, Third Edition, Sec. 137; Kime v. Owens, 191 Iowa, 323, 182 N.W. 398. In the case of Graves v. Katzen, 112 W.Va. 467, 164 S.E. 796, this Court held that a properly qualified medical expert could testify 'as to the probable future consequences of an injury, pr......
  • State v. Rhodes, No. 14175
    • United States
    • Supreme Court of West Virginia
    • 10 Febrero 1981
    ...435, 56 S.E.2d 756 (1949); Curfman v. Monongahela West Penn Public Service Co., 113 W.Va. 85, 166 S.E. 848 (1932); Graves v. Katzen, 112 W.Va. 467, 164 S.E. 796 (1932); State v. Gunnoe, 74 W.Va. 741, 83 S.E. 64 [166 W.Va. 406] Of course, the purpose of permitting such medical evidence to be......
  • Ellison v. Lockard, (No. 9653)
    • United States
    • Supreme Court of West Virginia
    • 1 Mayo 1945
    ...or insanity of a person whose mental condition is being investigated." 20 Am. Jur., Evidence, Section 852, citing Graves v. Katzen, 112 W. Va. 467, 164 S. E. 796. J. G. King's testimony, having no factual basis for his opinion as to decedent's mental capacity, does not come within the above......
  • Ellison v. Lockard, No. 9653.
    • United States
    • Supreme Court of West Virginia
    • 1 Mayo 1945
    ...or insanity of a person whose mental condition is being investigated." 20 Am. Jur., Evidence, Section 852, citing Graves v. Katzen, 112 W.Va. 467, 164 S.E. 796. J. G. King's testimony, having no factual basis for his opinion as to decedent's mental capacity, does not come within the above r......
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6 cases
  • State v. Evans, 10347
    • United States
    • Supreme Court of West Virginia
    • 10 Septiembre 1951
    ...586; Rogers on Expert Testimony, Third Edition, Sec. 137; Kime v. Owens, 191 Iowa, 323, 182 N.W. 398. In the case of Graves v. Katzen, 112 W.Va. 467, 164 S.E. 796, this Court held that a properly qualified medical expert could testify 'as to the probable future consequences of an injury, pr......
  • State v. Rhodes, 14175
    • United States
    • Supreme Court of West Virginia
    • 10 Febrero 1981
    ...435, 56 S.E.2d 756 (1949); Curfman v. Monongahela West Penn Public Service Co., 113 W.Va. 85, 166 S.E. 848 (1932); Graves v. Katzen, 112 W.Va. 467, 164 S.E. 796 (1932); State v. Gunnoe, 74 W.Va. 741, 83 S.E. 64 [166 W.Va. 406] Of course, the purpose of permitting such medical evidence to be......
  • Ellison v. Lockard, (No. 9653)
    • United States
    • Supreme Court of West Virginia
    • 1 Mayo 1945
    ...or insanity of a person whose mental condition is being investigated." 20 Am. Jur., Evidence, Section 852, citing Graves v. Katzen, 112 W. Va. 467, 164 S. E. 796. J. G. King's testimony, having no factual basis for his opinion as to decedent's mental capacity, does not come within the above......
  • Ellison v. Lockard, 9653.
    • United States
    • Supreme Court of West Virginia
    • 1 Mayo 1945
    ...or insanity of a person whose mental condition is being investigated." 20 Am. Jur., Evidence, Section 852, citing Graves v. Katzen, 112 W.Va. 467, 164 S.E. 796. J. G. King's testimony, having no factual basis for his opinion as to decedent's mental capacity, does not come within the above r......
  • Request a trial to view additional results

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