Fallon v. Rapid City

Citations

• 17 S.D. 570
• 97 N.W. 1009
• 1904 S.D. LEXIS 1

Syllabus

<p>1. In an action against a city for injuries to plaintiff’s ankle caused by an alleged defective sidewalk, in which the complaint did not allege permanent injury but plaintiff had testified without objection to facts showing her injuries to be permanent and that her foot was amputated on a certain date, it was not thereafter prejudicial error to overrule an objection to a question to plaintiff’s physician as to whether it became necessary, by reason of the tuberculous condition of the joint, to remove the foot.</p> <p>2. In an action for personal injuries in which the complaint did not allege permanent injury, failure to object to testimony showing the injuries to be permanent rendered the admission of mortality tables proper.</p> <p>3. In an action for injuries from a defective sidewalk, evidence that plaintiff had told her mother, on returning- home after the injury, that she had hurt her foot by stepping in á hole in a sidewalk, and six months later had again complained to her mother of the injury, and stated to a physician that she had injured her foot in a defective sidewalk, was hearsay, not admissible as res gestse.</p> <p>4. Where there is no statute requiring presentation to a city of a claim for damages for personal injuries, a sworn statement of an injury, presented to the city council, is not admissible in a subsequent action for such injuries, even to show that the claim had not been paid.</p> <p>5. In an action for personal injuries, evidence by nonexperts as to the physical condition of plaintiff before and after the accident were inadmissible.</p> <p>6. In an action for personal injuries, questions to plaintiff as to what was her condition at a certain time “as a result of the injury” were improper, because assuming' a controverted fact.</p>