Mullin v. Flanders
Supreme Court of Vermont
Case against a physician and surgeon for negligently and improperly performing a surgical operation on the plaintiff’s club feet and for not properly caring for and treating them afterwards. Plea, the general issue. Trial by jury, Rutland County, March Term, 1900, Rowell, J., presiding. Verdict for the plaintiff. After verdict and before judgment the defendant moved in arrest of judgment. The motion was overruled and the defendant excepted.
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Case against a physician and surgeon for negligently and improperly performing a surgical operation on the plaintiff’s club feet and for not properly caring for and treating them afterwards. Plea, the general issue. Trial by jury, Rutland County, March Term, 1900, Rowell, J., presiding. Verdict for the plaintiff. After verdict and before judgment the defendant moved in arrest of judgment. The motion was overruled and the defendant excepted. The plaintiff seasonably moved for a certified execution which was granted. To the granting of such execution the defendant excepted.
1Opinion of the CourtStart, J.
The declaration contains two counts. The defendant moved in arrest of judgment for that the plaintiff had in her declaration joined a count in assumpsit, sounding in contract, with a count in case, sounding in tort. The defendant’s counsel insist that the first count is in case, and the second in assumpsit. We think both counts are in case, and that the motion was properly overruled.
In the second count it is averred, in substance, that the defendant was exercising the profession of physician and surgeon ; that the plaintiff consulted, retained and employed him to operate upon her feet for a…
2Cases cited5 opinions
- Pike v. . HonsingerNew York Court of Appeals · 1898
- Whiting v. AdamsSupreme Court of Vermont · 1894
- Hathorn v. RichmondSupreme Court of Vermont · 1876
- Wilmot v. HowardSupreme Court of Vermont · 1867
- Hill v. CoxSupreme Court of Vermont · 1882
3Cited by15 opinions
- Wellman v. MeadSupreme Court of Vermont · 1919
- Sheldon v. WrightSupreme Court of Vermont · 1907
- Healy, Admr. v. MooreSupreme Court of Vermont · 1936
- Monroe v. Sarasota County School Bd.District Court of Appeal of Florida · 1999
- Domina Ex Rel. Domina v. PrattSupreme Court of Vermont · 1940
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