Legal Opinion

Miller v. Leib

Court of Appeals of Maryland

Decided January 13, 1909PublishedCited by 36 opinions

Appeal from the Baltimore City Court (Niles, J.), where there was a judgment on verdict for the plaintiff for $2,000. Plaintiff’s 2nd Prayer.—If the jury find that the defendant was a physician and surgeon, and that the plaintiff fell and sustained a fracture of the neck of the femur, and that the defendant was called upon to treat the plaintiff: and undertook to treat her, then it was the duty of the defendant to exercise reasonable care and skill to ascertain the nature of…

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Appeal from the Baltimore City Court (Niles, J.), where there was a judgment on verdict for the plaintiff for $2,000. Plaintiff’s 2nd Prayer.—If the jury find that the defendant was a physician and surgeon, and that the plaintiff fell and sustained a fracture of the neck of the femur, and that the defendant was called upon to treat the plaintiff: and undertook to treat her, then it was the duty of the defendant to exercise reasonable care and skill to ascertain the nature of the plaintiff’s injury, and to use the proper treatment- therefor. And if the jury find that the defendant did not…

1Opinion of the CourtShmucker, J.

This is an appeal from a judgment of the Baltimore City Court recovered by the appellee against the appellant, her family physician, for alleged negligence in treating her when ill. There is evidence in the record tending to show the following state of facts:

The appellee, Mrs. Leib, a widow of slender build, sixty-one years old, fell and fractured a femur while walking across her bed room at noon of Saturday November 19th, 1905. She was then residing with her adopted sister, Mrs. Burke, at Irvington, a suburb of Baltimore City, distant three-quarters of an hour to an hour from the office and…

2Cases cited16 opinions

  1. Knickerbocker Ice Co. v. Gardiner Dairy Co.Court of Appeals of Maryland · 1908
  2. State v. HousekeeperCourt of Appeals of Maryland · 1889
  3. Wolfe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
  4. Dashiell v. GriffithCourt of Appeals of Maryland · 1896
  5. Williams v. StateCourt of Appeals of Maryland · 1885

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

3Cited by36 opinions

  1. Van Riper v. United StatesCourt of Appeals for the Second Circuit · 1926
  2. Basoff v. StateCourt of Appeals of Maryland · 1977
  3. Rodriguez v. ClarkeCourt of Appeals of Maryland · 2007
  4. Nolan v. DillonCourt of Appeals of Maryland · 1971
  5. Wash., B. A.R. Co. v. KimmeyCourt of Appeals of Maryland · 1922

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