Krinard v. Westerman
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. William T. Jones, Judge. (1) The court erred in overruling the demurrer to the evidence.
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Appeal from St. Louis City Circuit Court. — Hon. William T. Jones, Judge. (1) The court erred in overruling the demurrer to the evidence. There was no evidence offered from which the jury would have been justified in finding that the defendant negligently cut, punctured or tore the plaintiff’s bladder, nor was there any evidence offered from which the jury would he justified in finding that the defendant either cnt or tied oft one of plaintiff’s ureters, or that he negligently failed to promptly repair the bladder. The most that could be said of plaintiff’s evidence is that it tends to show…
1Opinion of the CourtGraves, J.
Action for alleged malpractice. Defendant is a physician and surgeon in the City of St. Louis, and plaintiff is also a resident of said city.
By the petition it is alleged that plaintiff was .troubled with a fibroid tumor of the uterus, and went to defendant for an operation for its removal. It is averred that defendant had represented to plaintiff that he was specially skilled in the performance of such operations, having performed 500 operations of like character. The charge of negligence is thus stated:
“That on the 13th of November, 1915, pursuant to said employment, the defendant performed…
2Cases cited9 opinions
- Pike v. . HonsingerNew York Court of Appeals · 1898
- Whitesell v. HillSupreme Court of Iowa · 1897
- Gramm v. BoenerIndiana Supreme Court · 1877
- Pelky v. PalmerMichigan Supreme Court · 1896
- Vanhooser v. BerghoffSupreme Court of Missouri · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Guthrie v. City of St. CharlesSupreme Court of Missouri · 1941
- Smith v. St. Louis Public Service Co.Supreme Court of Missouri · 1953
- Cazzell v. SchofieldSupreme Court of Missouri · 1928
- McIntyre v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1921
- Evans v. Farmers Elevator Co.Supreme Court of Missouri · 1941
19 more not listed; retrieve them via the Exa API.