Healy v. Visalia & Tulare R.R.

Citations

• 101 Cal. 585
• 36 P. 125
• 1894 Cal. LEXIS 1082

Syllabus

<p>Negligence—Overturning of Hand-car—Evidence—Opinion of Witness.—In an action to recover for injuries caused by the overturning of a hand-car upon which a passenger was being conveyed upon defendant’s road, the testimony of another passenger upon the same trip who was sitting on the rear end of the hand-car at the time it was thrown from the track, in answer to a question as to whether, under the circumstances, it was possible for an ordinary person, sitting in the position of the plaintiff, to stand the force of the jar and still retain his seat upon the car, does not fall within the rule which excludes the opinion of a witness.</p> <p>Id.—Opinion in Connection With Statement of Facts.—The opinion of a witness may be received in connection with his statement of the facts upon which it is based, when the impressions or sensations caused by external objects are not susceptible of exact reproduction or description in words, and the judgment or opinion of the witness by whom they have been experienced is the only mode by which they can be presented to a jury.</p> <p>Id.—Width of Car—Appearance of Plaintiff.—Opinion evidence that the hand-car was too narrow for the track, and also as to the appearance of plaintiff immediately after the accident, may be given by witnesses who observed the facts.</p> <p>Id.—Opinion of Medical Witness—Reference to “Cases on Record” —Medical Books.—Although medical books themselves cannot be read in evidence, yet a physician who testifies as an expert witness may state not only his opinion but the grounds of his opinion, although in some degree founded on books, as a part of his general knowledge, and the reference of such witness to ‘ ‘ cases on record ” in connection with his opinion is not incompetent, nor in effect permitting the introduction of medical books to the jury.</p> <p>Id.—Opinion Evidence—Objection Upon Appeal For the First Time. Objection to the opinion evidence of a physician upon the ground that it was not adapted to the