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March 19, 1898


JAMA. 1898;XXX(12):673-674. doi:10.1001/jama.1898.02440640041007

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Medical witnesses and attorneys are very frequently called upon to consider the claims of persons who having been more or less severely injured by an accident, attribute the subsequent state of their health entirely to this cause and bring suit against the railroad company, or the parties causing the injury, for damages. In a certain proportion of cases it is a well recognized fact that the claims of the plaintiff do not hold good. In some instances, for various legal reasons, he is non-suited and in others is defeated even if the case goes on trial. In still other instances, the trial having been completed, the jury awards damages which may or may not be in excess of the requirements of justice. With those instances where the patient's health and activities are permanently and directly impaired by an injury received from the carelessness of a common carrier, we shall not

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