Lake Shore Electric Ry. v. Hobart

Citations

• 22 Ohio C.C. Dec. 154

Syllabus

<p>EVIDENCE — NEGLIGENCE—PLEADINGS—WITNESSES.</p> <p>1. Negligence Need not be Charged in Terms when Facts are Alleged which Show Prima Facie Negligence.</p> <p>A petition which alleges specific facts making a prima facie case of negligence is not demurrable because negligence is not in terms alleged.</p> <p>2. Derailment of Passenger Car under Res Ipsa Loquitur Held Presumption of Negligence.</p> <p>The derailment of a passenger car directly resulting in injury to a passenger on such oar, under the principle of res ipsa loquitur, raises a presumption of negligence.</p> <p>3. An Alleged Permanent Scar Cannot be Proven to be of a Cancerous Nature.</p> <p>Under mention in a petition of an injury as a permanent scar it is error to allow proof that such scar might be of a cancerous and malignant nature; the petition should set out specifically the nature of the injuries relied upon as damage.</p> <p>4. Amendment of Petition after Evidence against Objection by Inserting Additional Elements of Damage, is Abuse of Discretion.</p> <p>After close of all the evidence and while instructions are being given, it is an abuse of the trial court’s discretion to grant leave to amend the petition so as to insert additional elements of damage to conform to proof which had been admitted against objection.</p> <p>5. Facts Assumed in Hypothetical Questions Must First be Established in Case.</p> <p>Hypothetical questions addressed to experts are improper when they assume facts as to which there is no evidence.</p> <p>6. X-Ray Skiographs Must be Identified before Admissible as Evidence.</p> <p>An X-Ray skiograph claimed to be that of plaintiff should be identified as such before it can properly be admitted as evidence.</p> <p>7. Testimony of Doctor as to Statements of Subjective Conditions, Pain, etc., Incompetent.</p> <p>The testimony of expert witnesses as to statements made by plaintiff during examination of plaintiff to qualify such experts to testify of subjective conditions, pain, et