March 3, 1894


JAMA. 1894;XXII(9):318. doi:10.1001/jama.1894.02420880034009

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The Supreme Court of Nebraska holds in the case of the Omaha & Republican Valley Railway Company v. Brady, decided Jan. 16, 1894, that the opinion of a medical expert may be based: 1, on his acquaintance with the party whose condition is under investigation; 2, upon a medical examination of him which he has made; or 3, upon a hypothetical case stated to the expert in court. Some latitude must necessarily be given in an examination of medical experts and in the propounding of hypothetical questions, the better to enable the jury to pass upon the question submitted to them. It is the privilege of counsel in such cases to assume, within the limits of the evidence, any state of facts which he claims the evidence justifies, and have the opinion of experts upon the facts thus assumed.

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