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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mattfeld v. Nester, 32 N.W.2d 291 (1948)

Citation
Mattfeld v. Nester, 32 N.W.2d 291 (1948)
Parent Document
Mattfeld v. Nester, 32 N.W.2d 291 (1948)
Jurisdiction
Minnesota (state)
Effective Date
1948-04-16

Other Sections in This Document (117)

Full Text

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The predicate for the doctor’s opinion here was established by testimony which the jury could not ignore. The witnesses testifying as to Lillian’s condition were apparently of good character, and their testimony was positive, consistent, probable, unimpeached, and uncontradicted. Under the rule of O’Leary v. Wangensteen, 175 Minn. 368, 221 N. W. 430, the jury would not have been justified in rejecting such testimony. Because the doctor’s opinion was not so positive as to exclude all doubt as to cause of death, the weight of his opinion was for the jury. Hiber v. City of St. Paul, supra.