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.
1Opinion of the CourtCole, J.
The court gave to the jury the following instructions, asked by the plaintiff, to wit: “ 1. That the general principles of law defining the civil responsibilities of physicians and surgeons are the same as those that apply to and govern the conduct of lawyers, engineers, mechanics, ship-builders, brokers and other classes of men whose *301employment requires them to transact business requiring special skill and knowledge.
“ 2. The implied contract of the physician and surgeon is, that he possesses and will employ in the treatment of the case, such reasonable skill and diligence as are ordinarily…
2Cited by11 opinions
- Dashiell v. GriffithCourt of Appeals of Maryland · 1896
- Whitesell v. HillSupreme Court of Iowa · 1897
- Gramm v. BoenerIndiana Supreme Court · 1877
- Force v. GregorySupreme Court of Connecticut · 1893
- Baker v. HancockIndiana Court of Appeals · 1902
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