Sawyer v. Berthold
Supreme Court of Minnesota
Action in the district court for Otter Tail county to recover $10,-000 for malpractice. The answer specifically denied negligence in the treatment of plaintiff’s arm and alleged that if it became permanently crippled, deformed, stiff and useless, the condition was due solely to plaintiff’s negligence. The reply was a general denial.
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Action in the district court for Otter Tail county to recover $10,-000 for malpractice. The answer specifically denied negligence in the treatment of plaintiff’s arm and alleged that if it became permanently crippled, deformed, stiff and useless, the condition was due solely to plaintiff’s negligence. The reply was a general denial. The case was tried before Taylor, J., and a jury which returned a verdict in favor of plaintiff for $2,000. From an order denying defendant’s motion in the alternative for judgment notwithstanding the verdict or for a new trial, he appealed.
1Opinion of the CourtBunn, J.
This action was brought against the defendant, a physician and surgeon, to recover damages claimed to be the result of negligent and unskilful treatment of a fracture of plaintiff’s wrist. The case was submitted to the jury, and a verdict returned for plaintiff, assessing her damages at $2,000. Defendant moved for judgment notwithstanding the verdict or for a new trial, and appealed from the order denying such motion.
The main questions before us are whether there was evidence to take the case to the jury, and, if so, whether the evidence so preponderates against the verdict that it was an…
2Cited by14 opinions
- Slimak v. FosterSupreme Court of Connecticut · 1927
- Viita v. FlemingSupreme Court of Minnesota · 1916
- Brewer v. RingSupreme Court of North Carolina · 1919
- Kershaw v. TilburyCalifornia Supreme Court · 1932
- Beckman v. SchroederSupreme Court of Minnesota · 1947
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