Smothers v. Hanks
Supreme Court of Iowa
Appeal from Mahaska Circuit Court. Action to recover damages of the defendant, a practicing physician, for alleged negligent, ignorant and unskillful treatment, by him, of the plaintiff’s arm, the bones of-which had been fractured near the wrist.
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Appeal from Mahaska Circuit Court. Action to recover damages of the defendant, a practicing physician, for alleged negligent, ignorant and unskillful treatment, by him, of the plaintiff’s arm, the bones of-which had been fractured near the wrist. The cause was tried to a jury, and the evidence introduced tended to show that plaintiff’s arm had been broken; that defendant, who held himself out as a surgeon, undertook the cure; that, by reason of defendant’s negligence or ignorance, a perfect cure was not effected; that the arm, hand and fingers were crooked and stiff — perhaps permanently so,…
1Opinion of the CourtCole, J.
1. Instructions: construction of. I. The first error assigned is, that “ the court, in instructions, commented on the fact's, an<i plainly indicated to the jury what facts had been proved.”
The tenth instruction given by the court is, in part, the basis of this alleged error. It is as follows : “ If you find *288for the plaintiff, lie will be entitled to recover for the pain, anguish and. suffering of the body and mind, which be has suffered by reason of the want of ordinary skill and care on the part of the defendant, together with a fair and reasonable compensation for the future pain, suffering…
2Cases cited3 opinions
- Kellogg v. WadhamsSupreme Court of Connecticut · 1832
- Howard v. GroverSupreme Judicial Court of Maine · 1848
- Reynolds v. GravesWisconsin Supreme Court · 1854
3Cited by39 opinions
- Pike v. . HonsingerNew York Court of Appeals · 1898
- Hall v. HilbunMississippi Supreme Court · 1985
- Morrison v. MacNamaraDistrict of Columbia Court of Appeals · 1979
- Shilkret v. Annapolis Emergency Hospital Ass'nCourt of Appeals of Maryland · 1975
- Staloch v. HolmSupreme Court of Minnesota · 1907
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