Vicksburg & Meridian Railroad v. O'Brien
119 U.S. 99 (1886)

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U.S. Supreme Court

Vicksburg & Meridian Railroad v. O'Brien, 119 U.S. 99 (1886)

Vicksburg and Meridian Railroad v. O'Brien

Argued April 19-20, 1886

Decided November 1, 1886

119 U.S. 99

Syllabus

In an action against a railroad company by a passenger to recover for injuries received by an accident to a train, a written statement as to the nature and extent of his injuries, made by his physician while treating him for them for the purpose of giving information to others in regard to them, is not admissible in evidence against the company, even when attached to a deposition of the physician in which he swears that it was written by him and that in his opinion it correctly states the condition of the patient at the time referred to.

The declaration of the engineer of the locomotive of a train which meets with an accident, as to the speed at which the train was running when the accident happened, made between ten and thirty minutes after the accident occurred, is not admissible in evidence against the company in an action by a passenger on the train to recover damages for injuries caused by the accident.

The case is stated in the opinion of the Court.

Page 119 U. S. 100

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