McKleroy v. Sewell
Supreme Court of Georgia
Physicians. Pleadings. Set-off. Recoupment. Torts. Contracts. Waiver. Evidence Witness. Before Judge Pottle. Madison Superior Court.
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Physicians. Pleadings. Set-off. Recoupment. Torts. Contracts. Waiver. Evidence Witness. Before Judge Pottle. Madison Superior Court. March Term, 1884. Sewell brought complaint against McKleroy on an account for services rendered as physician and for medicine furnished.- Defendant filed, among other pleas, one to the effect that, on August 15, 1880, the plaintiff went to his (defendant’s) house in a state of intoxication, and administered medicine which caused him to vomit so vio • lently that he was seriously injured, and had been able to do but little work since; and that, by reason of this…
1Opinion of the Court
Jackson, Chief Justice.
On a careful examination of the transcript of the record in this case, we can see no error which demands a new trial. The case is suit on a physician’s account for services, with medicine, rendered defendant for himself and family for a series of years. The account was admitted to be correctly transcribed from the doctor’s books of original entry, and the services were proved by himself.
1. Complaint is made that set-off for tort in giving defendant too lai'ge a dose of medicine, which injured him to the amount of two hundred dollars, was not allowed by the court. There…
2Cited by7 opinions
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- Nelson v. HarringtonWisconsin Supreme Court · 1888
- Bennett v. Tucker & PenningtonCourt of Appeals of Georgia · 1924
- Atlanta Glass Co. v. NoizetSupreme Court of Georgia · 1891
- Standhardt v. HardinSupreme Court of Georgia · 1916
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