Missouri Appeal Reports Volume 110

Missouri Appeal Reports Volume 110

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...Ballard v. Kansas City. in this case the bones are overlapped--the shoulder droops forward." And on redirect examination: "If you put the ends of the bones exactly as they were when the bones were broken, exactly--if it can be done--you would expect no pain whatever. The pain is only caused by a slight dislocation--a slight elevation or depression, either sideways or any other way; that is what causes pain: by pressure on the nerve. It is sometimes pretty hard to get them in apposition. You cannot always get them in perfect apposition, but when they are in perfect apposition there is no pain. Where they are not, there is a great deal of pain." The other expert, Dr. Jones, found the same conditions as those testified to by Dr. Fulton. He further testified as follows: Q. "Now, I will ask you if her injury, in your opinion, is permanent?" A. "Well, I think the results of the injury, in all likelihood, are permanent." It is said the word "likelihood" used by this witness falls short of including within the scope of its meaning that degree of certainty which has been held elemental to the right to recover on account of the permanency of injuries sustained. It is not required of the plaintiff to prove, nor of the jury to believe in, the absolute certainty of enduring condition ' or result. It is essential to show the existence of such facts as a reasonable certainty; in other wo.rds, the very highest degree of probability must appear, but. to compel the plaintiff to go beyond this, would be unreasonable--and doubtless would work injustice in many cases wherein the fact of permanency, though real, cannot be ascertained with positive certitude. "In all likelihood" should be treated...show more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236967682
  • 9781236967688