The following excerpt is from Morris v. New York, O.&W. Ry. Co., 148 N.Y. 88, 42 N.E. 410 (N.Y. 1895):
The case of Record v. Village of Saratoga Springs, 46 Hun, 448, was undoubtedly quite similar, if not identical in its facts, with the case at bar. The testimony of the associate physician was excluded, and the general term affirmed the decision. The case was decided by two judges, and it is evident from the opinion of one, at least, that the decision turned upon the broad prohibitory words of the statute, and not upon the provision which permits the patient to waive the objection.
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