Almond v. Nugent
Supreme Court of Iowa
Appeal from Adams District Court. This action was brought against "W. K. Nugent and M. D. Sherrick, who were partners in the practice of medicine and surgery. The plaintiff claimed to recover for alleged want of skill, care and diligence on the part of defendants, who were called by him to treat a compound oblique fracture of both bones of his right leg, between the ankle and knee. The defendant Sherrick died, and the action was tried to a jury as against Nugent alone.
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Appeal from Adams District Court. This action was brought against "W. K. Nugent and M. D. Sherrick, who were partners in the practice of medicine and surgery. The plaintiff claimed to recover for alleged want of skill, care and diligence on the part of defendants, who were called by him to treat a compound oblique fracture of both bones of his right leg, between the ankle and knee. The defendant Sherrick died, and the action was tried to a jury as against Nugent alone. There was a verdict and judgment for plaintiff for $2,000. The defendant appeals.
1Concurrence
Beck, Ch. J.
(concurring.) — I concur in holding that the judgment of the district court in this case must be reversed on the ground of erroneous instructions given to the jury. The majority of the court base their conclusion upon the doctrines of Smothers v. Hanks. As I do not concur in the opinion filed in that case it becomes necessary for me to express briefly the grounds of my conclusion in this.
In my view the law is not correctly presented in the instructions quoted in the majority opinion. The first one *303is clearly objectionable in holding the civil responsibility of the surgeon to be…
2Cases cited5 opinions
- Patten v. WigginSupreme Judicial Court of Maine · 1862
- Ritchey v. WestIllinois Supreme Court · 1860
- Hoben v. Burlington & Missouri River RailroadSupreme Court of Iowa · 1866
- Reynolds v. GravesWisconsin Supreme Court · 1854
- Simonds v. HenrySupreme Judicial Court of Maine · 1855