Cruikshank v. . Gordon
New York Court of Appeals
Appeal from judgment of the General Term of tlie Supreme Court in the second judicial department, entered upon an order made May 23, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action for slander. The following facts appear: Since 1880, the plaintiff has been a practicing physician, and in November, 1883, he treated a servant employed in the family of the defendant, and afterwards treated his wife and children.
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Appeal from judgment of the General Term of tlie Supreme Court in the second judicial department, entered upon an order made May 23, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action for slander. The following facts appear: Since 1880, the plaintiff has been a practicing physician, and in November, 1883, he treated a servant employed in the family of the defendant, and afterwards treated his wife and children. On November 19, 1884, he was called to attend defendant’s child, but his treatment being unsatisfactory, he was, at defendant’s instance,…
1Opinion of the Court
Follett, Ch. J.
Many of the statements testified to by the witnesses, and which the jury must have found were made by the defendant, imputed, not a lack of skill in a particular case, but general ignorance of medical science, incompetency to treat diseases and a general want of professional skill. Such statements made in respect to a practicing physician are slanderous and actionable without proof of special damages. (Secor v. Harris, 18 Barb. 425; Fitzgerald v. Redfield, 51 id. 484; Bergold v. Puchta, 2 T. & C. 532; Lynde v. Johnson, 39 Hun, 12; Southee v. Denny, 1 Exch. 196; Towns. L. &. S.…
2Cases cited5 opinions
- Klinck v. . ColbyNew York Court of Appeals · 1871
- Kniffen v. . McConnellNew York Court of Appeals · 1864
- Distin v. . RoseNew York Court of Appeals · 1877
- Secor v. HarrisNew York Supreme Court · 1854
- Bennett v. Matthews & WarrenNew York Supreme Court · 1872
3Cited by52 opinions
- Matherson v. MarchelloAppellate Division of the Supreme Court of the State of New York · 1984
- Holmes v. . JonesNew York Court of Appeals · 1890
- Eacock v. StateIndiana Supreme Court · 1907
- Mattice v. . WilcoxNew York Court of Appeals · 1895
- Krug v. . PitassNew York Court of Appeals · 1900
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