Giardelli v. Public Service Railway Co.
Giardelli v. Public Service Railway Co.
Opinion of the Court
Husband and wife, jointly, brought an action in the District Court, against the appellant, Public Service Railway Company, the wife suing to recover compensation for injuries sutsained by her on July 5th, 1927, while a passenger in an automobile owned and operated by her husband, which automobile came into collision with” a trolley car of the appellant company, through the alleged negligence of the latter’s servant —the husband suing for loss of consortium, and. for a reinbursement of moneys expended by him for doctors, nurses, medical services and surgical assistance made necessary for the cure of his wife by reason of his wife’s injuries.
The case was tried before the court, sitting with a jury and resulted in a verdict for the wife in the sum of $300, and in a verdict for the husband for $200.
Eour grounds are urged for a reversal of the judgment. We will proceed to consider them in their chronological order of presentation in the appellant’s brief.
The record further discloses that on cross-examination, defendant’s counsel elicited the fact that the husband paid *$150 for other services necessitated by his wife’s injuries.
Next, it is argued by counsel of appellant, that the trial judge erroneously refused to strike out all testimony relating to doctor bills, on the ground that there was no testimony as to their fairness or reasonableness.
The motion to strike out appears not to have been made until the end of the case. Furthermore, it appears that most of the testimony relating to the medical bills was elicited by appellant’s counsel on cross-examination. Moreover, it appears that appellant’s counsel offered no objections to any of the testimony concerning the medical bills at the time they were offered, upon the ground that it had not been established that the bills were fair and reasonable. The motion to strike out was properly refused.
Lastly, it is argued, on behalf of the appellant, that the trial judge erred in refusing to charge the jury, as follows: “When plaintiffs fail to produce their physician, there is a presumption that his testimony will not be favorable to them.” There is no such legal presumption. The trial judge was under no legal duty to charge the request.
Judgment is affrmed, with costs.
Reference
- Full Case Name
- LENA GIARDELLI AND JOSEPH I. GIARDELLI, PLAINTIFFS-RESPONDENTS v. PUBLIC SERVICE RAILWAY COMPANY
- Cited By
- 3 cases
- Status
- Published