Kelly v. Watson Coal Co.
Citations
- 272 Pa. 39
- 115 A. 885
- 1922 Pa. LEXIS 772
Syllabus
<p>Workmen’s compensation — Death—Tuberculosis—Injury as contributing cause — Opinion of medical experts — Evidence — Hypothetical question.</p> <p>1. An award for the death of an employee from tuberculosis, seven months after his injury, will be sustained where medical experts testify that the shock of the accident and consequent lowered vitality rendered the injured man particularly subject to the quick development of the disease from which he died, and that such development was, in all probability, due to the assigned cause.</p> <p>2. In such case there is no merit in a complaint concerning the alleged ineompetency of the medical testimony, where the doctors, some of whom attended the deceased, based their conclusions on a reading of the evidence in the case, and each stated the facts they assumed to be true, and which formed the basis of their conclusion, as much as though these facts had been put to them in the form of a hypothetical question.</p>
Judges: Frazer, Kephart, Moschzisker, Sadler, Schaefer, Simpson, Walling
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