Stout v. Bowers

Citations

• 97 Kan. 33
• 154 P. 259
• 1916 Kan. LEXIS 213

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Physicians — Malpractice—Expert Witness — Proper Cross-examination. Where an expert witness testifies and founds his opinion on standard medical authorities, it is competent for the opposing party in cross-examining him to read from the authorities on the subject in question and to ask him if he agrees or disagrees with the opinions-expressed by the authors.</p> <p>2. New Trial — Excluded Evidence — Must be Produced on Motion. In order to obtain a review of a ruling excluding evidence, the excluded evidence must be produced at the hearing of the motion for a new trial, by affidavits or other competent testimony.</p> <p>3. Malpractice — Physicians—Evidence—Case for Jury. In this case, where the defendants, who are physicians and surgeons, are charged with negligence in the diagnosis, operation and treatment of the plaintiff for certain ailments, it is held that the testimony produced by plaintiff was sufficient to take the case to the jury.</p>