Manser v. Collins
Supreme Court of Kansas
Error from Cowley district court; James Lawrence, judge. STATEMENT. This was an action against a physician for malpractice. Plaintiff below, Mary E. Oollins, was thrown against the side of a barn .by a vicious horse which she was trying to hold, and sustained a fracture of the left elbow and shoulder and a downward dislocation of the right shoulder. She was sixty'years old at the time.
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Error from Cowley district court; James Lawrence, judge. STATEMENT. This was an action against a physician for malpractice. Plaintiff below, Mary E. Oollins, was thrown against the side of a barn .by a vicious horse which she was trying to hold, and sustained a fracture of the left elbow and shoulder and a downward dislocation of the right shoulder. She was sixty'years old at the time. On the day of the accident she called in Doctor Manser, plaintiff in error, who, according to the testimony of plaintiff and another woman who was present, made-a very indifferent examination of the affected…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
Nearly all of the brief of counsel for plaintiff in error is devoted to the contehtion that the verdict of the jury was contrary to the evidence and should have been set aside by the trial court. We have read the testimony on both sides of the controversy, and while it does not strongly preponderate in *294favor of plaintiff below yet we are not prepared to say that there was no evidence to justify the result. Doctor Tandy, a disinterested witness, testified that in like cases the practice among members of his profession, when first called, is…
2Cases cited7 opinions
- Tefft v. WilcoxSupreme Court of Kansas · 1870
- Langford v. JonesOregon Supreme Court · 1890
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- City of Salina v. TrosperSupreme Court of Kansas · 1882
- Chicago City Railway Co. v. TaylorIllinois Supreme Court · 1897
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3Cited by7 opinions
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- Shelton v. BorntSupreme Court of Kansas · 1908
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