Legal Opinion

Rann v. Twitchell

Supreme Court of Vermont

Decided February 18, 1909PublishedCited by 12 opinions

Case for malpractice in diagnosing and treating an injury to plaintiff’s eye. Each defendant severally pleaded the general issue. Trial by jury at the March Term, 1906, Orleans County, Watson, J., presiding. Before the plaintiff finished his evidence, and at his request, judgment was rendered for defendant, the Mary Fletcher Hospital, to recover its costs, and the trial proceeded against defendant Twitehell alone.

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Case for malpractice in diagnosing and treating an injury to plaintiff’s eye. Each defendant severally pleaded the general issue. Trial by jury at the March Term, 1906, Orleans County, Watson, J., presiding. Before the plaintiff finished his evidence, and at his request, judgment was rendered for defendant, the Mary Fletcher Hospital, to recover its costs, and the trial proceeded against defendant Twitehell alone. At the close of all the evidence the court ordered a verdict in favor of defendant Twitehell, on the ground that there was no evidence of any shortage of duty on his part, to which…

1Opinion of the CourtPowers, J.

The plaintiff, a robust boy of thirteen years, found a railroad torpedo near his home in Derby. He laid it on a plank and threw a stone upon it and exploded it, whereupon a flying fragment struck him under the inner corner of the right eye causing the injury concerned in this action. This was April 19, 1905. The cut made in the lower lid of the eye was approximately an inch long, and at the upper end next to the inner corner of the eye, the lid was cut off so that it hung down over the cheek, disclosing a wound under the eyeball into the socket of the eye. The boy was at once taken to Dr.…

2Cases cited6 opinions

  1. Staloch v. HolmSupreme Court of Minnesota · 1907
  2. Langford v. JonesOregon Supreme Court · 1890
  3. Hathorn v. RichmondSupreme Court of Vermont · 1876
  4. Feeney v. SpaldingSupreme Judicial Court of Maine · 1896
  5. Ely v. WilburSupreme Court of New Jersey · 1887

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Slimak v. FosterSupreme Court of Connecticut · 1927
  2. Harvey v. SilberMichigan Supreme Court · 1942
  3. Fox v. MasonSupreme Court of Virginia · 1924
  4. Chubb v. HolmesSupreme Court of Connecticut · 1930
  5. Rayburn v. DayOregon Supreme Court · 1928

7 more not listed; retrieve them via the Exa API.

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