City of Bloomington v. Shrock

Citations

• 110 Ill. 219

Syllabus

<p>1. Evidence—medical and other scientific books—whether admissible in evidence before a jwry. The weight of current authority is decidedly against the admission of scientific books in evidence before a jury, and against allowing them to be read from to contradict an expert, generally. When, however, an expert assumes to base his opinion upon the work of a particular author, that work may be read in evidence to contradict him.</p> <p>2. Where a witness was examined as an expert, and gave evidence tending to prove that a party had been guilty of negligence after a fall, in omitting proper care to avoid an abortion, but did not quote from or make any reference to any medical books on the subject, the court allowed counsel, on cross-examination, to ask-him if he was acquainted with Playfair, and Bed-ford, (treatises on midwifery,) and upon his responding in the affirmative, and that they were standard authorities on such questions, the court allowed counsel to read at length from each of those authors, consecutively, and then inquire of the witness whether he agreed with the authors as to the parts so read: Held,, that it was error to allow the reading from the books and the questions to be propounded to the witness as to his agreeing with the authors.</p> <p>3. Since medical or other scientific books are not admissible as original evidence, it follows they are not admissible on cross-examination, when their introduction is not for the direct contradiction of something asserted by the witness, but simply to prove a different theory.</p>