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March 20, 1909, Vol LII, No. 12 >
ARTICLE | March 20, 1909

A JUDGE'S IDEA OF THE DIAGNOSIS OF PERITONITIS

JAMA. 1909;LII(12):970. doi:10.1001/jama.1909.02540380036010.
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Judicial opinion has usually inclined to recognize the expert character of the physician, over the whole range of medical science, and this has often resulted in the admission of evidence by men whose opinions are justly entitled to little weight. But a recent decision by the Supreme Court of Minnesota1 seems to go to the other extreme. In this case the court says: "The plaintiff's experts testified that peritonitis was present almost immediately after the railway accident; but it was all pure conjecture. No postmortem examination was held, and no attempt was made at any time to discover the kind of germs which were at work. The fact that a person is a practicing physician or surgeon generally qualifies him to testify as an expert, but in a matter of this kind the absence of special qualification may greatly affect the value of the evidence." The court was probably

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