EVIDENCE - EXCEPTIONS TO HEARSAY RULE - PHYSICIAN'S TESTIMONY AS TO STATEMENTS OF SYMPTOMS MADE BY PATIENT

Plaintiff, while in the employ of the defendant, was injured when a ditch he was engaged in digging caved in upon him. Defendant alleged that the shock made active theretofore dormant pulmonary tuberculosis. He received treatment from a physician at the time of the injury. Upon plaintiff's suit under the Texas Workmen's Compensation Act, the physician was allowed to testify, over defendant's objection, that about a month and a half after the injury, the plaintiff had come to the physician's office, and reported that his sputum was stained with blood.

On appeal, it was held, one judge dissenting, that the statement was properly admitted. Hartford Accident & Indemnity Co. v. Baugh, (C. C. A. 5th, 1936) 87 F. (2d) 240.