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75 Me. 346

Higgins ex rel. Higgins v. Downs

Supreme Judicial Court of Maine

Decided July 16, 1883

Supreme Judicial Court of Maine · decided 1883-07-16

On exceptions, which state as follows : This was an action of trespass brought by a pupil against her teacher for punishment inflicted upon her in school. Plaintiff claimed that it was excessive, and that in consequence thereof, her spine and brain were injured and became diseased, and she has suffered ever since from such spine and brain disease.

Cited by 1 later decisions — most recently August 1891

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1883-07-16

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Appleton, C. J.

¶1The plaintiff brings this action to recover damages for bodily injuries inflicted by way of punishment and causing disease of the spine and brain.

¶2The defence claimed was, that the disease was the result of heredity, and not caused by the blows inflicted. Whether so or not involved grave questions of medical science. What was the *347nature of the plaintiff’s disease and how caused, and what that of her sister and the likeness between them, if any there was, were questions as to which experts could alone be called properly to testify.

¶3Whether the testimony offered was that of a witness whose knowledge and experience would qualify him to give an opinion, .in matters where evidence of opinion is admissible, is to be determined by the court. The question is one of competency, and exceptions will not be sustained, unless it appears clearly that the exclusion was erroneous. It is not shown that the witness was an expert. If not, the rejection of the testimony was proper. To sustain the exceptions, it should affirmatively appear that there was error in the rulings. It does not so appear. Hawks v. Charlemont, 110 Mass, 110.

¶4Exceptions overruled.

Barrows, Daneorth, Virgin and Syaionds, JJ., concurred.
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