Lorenz v. Jackson
New York Supreme Court
Appeal from circuit court, Oneida county. Action by Anton J. Lorenz, by his guardian ad litem, against Homer T. Jackson and another, for malpractice. "From, a judgment entered on a verdict in favor of plaintiff for $3,000, and from an order denying a motion for a new trial made on the minutes, defendant Jackson appeals.
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Appeal from circuit court, Oneida county. Action by Anton J. Lorenz, by his guardian ad litem, against Homer T. Jackson and another, for malpractice. "From, a judgment entered on a verdict in favor of plaintiff for $3,000, and from an order denying a motion for a new trial made on the minutes, defendant Jackson appeals. Plaintiff, while at work upon the railroad on the 17th of April, 1893, was engaged in removing ties, and a nail was found projecting from one of them, and a hammer was placed upon it, and another hammer delivered a blow to that one, and caused a piece of steel to enter the…
1Opinion of the CourtHardin, P. J.
A careful examination has been made of the several exceptions taken upon the trial without discovering any prejudicial error presented by them. At the close of the evidence no motion for a nonsuit was made. The case was submitted to the jury on the general principles of law applicable to actions of malpractice, in an elaborate charge, to which no exception was taken. In Shear. & R. Neg. § 435, it is said: “If the practitioner, however, frankly informs a patient of his want of skill, or the patient is in some other way fully aware of it, the latter cannot complain of the lack of that which he…
2Cases cited4 opinions
- Small v. HowardMassachusetts Supreme Judicial Court · 1880
- Link v. . SheldonNew York Court of Appeals · 1892
- Link v. SheldonNew York Supreme Court · 1892
- Graves v. SantwayNew York Supreme Court · 1889
3Cited by1 opinion
- Morrison v. AltigSupreme Court of Iowa · 1912