Griffith v. McCandless
Griffith v. McCandless
Opinion of the Court
The opinion of the court was delivered by
This action was brought by the defend- - ant in error to recover the sum of $500 for professional services as a physician in the treatment of plaintiff in error for two cancers, one upon the face and one upon the hand. The petition alleged that the cancers had been pronounced incurable by several other physicians, and that the plaintiff below, by reason*of his special knowledge and skill and long experience, was able to cure and did cure the cancers upon the person of the defendant below after treatment extending over a period of four months. The defendant answered by a general denial. The jury returned a verdict in favor of the plaintiff in the sum of $350, and judgment was entered accordingly.
The only error complained of is the striking out of the deposition of Joseph Huff. The testimony for the plaintiff was .that of regular, practicing physicians, who testified as experts as to the value of plaintiff’s
Counsel for plaintiff in error contends that as both parties appeared at the taking of the deposition and no objection was then made as to the qualification of the witness to give an opinion as to the value of the services rendered, such objection was waived and could not be made .at the trial. The objection, being on the ground of incompetency, was made in time, within the provisions of section 364 of the code (Gen. Stat. 1897, ch. 95, § 372; Gen. Stat. 1899, § 4627). It is further contended that the objection itself was insufficient to authorize the exclusion of the deposition. "While the objection was not entirely formal, it alleged that the testimony was incompetent, and that it affirmatively appeared therefrom that the witness was an incompetent witness. We think this equivalent to an objection that the witness had not shown himself competent to testify in the case, and that it was
The judgment of the district court will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.