Union Pac. R. v. Thomas

Citations

• 152 F. 365
• 81 C.C.A. 491
• 1907 U.S. App. LEXIS 4280

Syllabus

<p>1. Witnesses — Competency—Privileged Communication — Physici a ns.</p> <p>Information which is proper and necessary to enable the physicians of a railroad company to treat an injured person, which is acquired by them from such person for that purpose while they are endeavoring to treat her professionally, although against her protest, is a privileged communication, under section 5907, Comp. St. Neb. 1901.</p> <p>[Ed. Note. — Por cases in point, see Cent. Dig. vol. 50, Witnesses, §§ 768-772.]</p> <p>2. Same — Essentials—Employment by Third Person.</p> <p>The essentials of a privileged communication between physician and patient are: (1) The confidential relation of physician and patient; (2] the necessity and propriety of the information to enable the physician to treat the patient skillfully in his professional capacity; and (8) its acquisition by the physician from the patient during the existence of the relation.</p> <p>Such a communication is not deprived of its privileged character by the fact that the relation is established at the instance of a third party.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 50, Witnesses, §§ 768-772.]</p> <p>3. Same — Waiver—'Voluntary Testimony.</p> <p>A patient waives his privilege by voluntarily producing, Or introducing at the trial, evidence of the confidential communication, and thereby exempts the testimony of his, physician thereto from all objections upon that ground, because he thereby publishes it and deprives it of its Confidential character.</p> <p>But neither the commencement of an action for an injury nor testimony of the condition of the injured party has this effect.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 50, Witnesses, §§ 781, 782.]</p> <p>4. TBIAL — CORRECTION OF ERRORS.</p> <p>Errors in rulings and misstatements of facts by the court during the progress of the trial, which are clearly corrected by it before the trial closes, or in the charge of the court to the jury, are not