Edwards v. Stewart
New York Supreme Court
Appeal from a judgment of the Onondaga county court, affirming that of a justice of the peace in favor of the plaintiff. The action was for medical services and attendance of the ‘ plaintiffs’ intestate upon the defendant, for a broken leg. The defendant set up as a defense to the action, the recovery of a judgment in the supreme court, by himself, against the- intestate, in an action for negligence and unskillfulness in his treatment of the defendant.
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Appeal from a judgment of the Onondaga county court, affirming that of a justice of the peace in favor of the plaintiff. The action was for medical services and attendance of the ‘ plaintiffs’ intestate upon the defendant, for a broken leg. The defendant set up as a defense to the action, the recovery of a judgment in the supreme court, by himself, against the- intestate, in an action for negligence and unskillfulness in his treatment of the defendant. After evidence on the part of the plaintiff of the services, and their value, the defendant offered an exemplified copy of the judgment roll,…
1Opinion of the Court
By the Court, W. F. Allen, J.
The record of the recovery in the action by the present defendant against the plaintiffs’ intestate for want of care and skill in the performance of the services for which this action was brought, was excluded, for the reason that the record alone did not show that the services were the same in both actions. In this I think the justice erred. *68The record showed that the recovery was in an action for maltreatment of a leg, broken below the knee, on the 9th of October, 1850. This action was for services in the treatment of a leg broken on the same day, and in the…
2Cases cited5 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Bouchaud v. DiasNew York Supreme Court · 1846
- Canfield v. MongerNew York Supreme Court · 1815
- White v. WardNew York Supreme Court · 1812
- Jones v. ScrivenNew York Supreme Court · 1811
3Cited by9 opinions
- Bellinger v. CraigueNew York Supreme Court · 1860
- Schwan v. KellySupreme Court of Pennsylvania · 1896
- Beckwith v. ThompsonWest Virginia Supreme Court · 1881
- Coville & Garber v. GilmanWest Virginia Supreme Court · 1878
- Binck v. WoodNew York Supreme Court · 1864
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