Martin v. Walter Courtney
Supreme Court of Minnesota
Action in the district court for Crow Wing county by the administratrix of Joseph A. Martin, deceased, to recover $5,000 for his death, alleged to have been caused through the malpractice of defendant. The cause was tried before Holland, J., and a jury, which rendered a verdict for $1,250 in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed. The question of competency of an expert is one of fact for the court alone.
Read the full summary
Action in the district court for Crow Wing county by the administratrix of Joseph A. Martin, deceased, to recover $5,000 for his death, alleged to have been caused through the malpractice of defendant. The cause was tried before Holland, J., and a jury, which rendered a verdict for $1,250 in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed. The question of competency of an expert is one of fact for the court alone. Beckett v. N. W. Masonic A. Assn., 67 Minn. 298, 302. The law only requires of one who holds himself out as a physician, to exercise the same…
1Opinion of the CourtMitchell, J.
The defendant is a physician and surgeon, who has been for a number of years in charge of the Northern Pacific Sanitarium or Hospital at Brainerd, in the capacity of chief surgeon. This action was brought for alleged malpractice, causing the death of plaintiff’s husband.
On May 24, 1895, the deceased, an employee of the Northern Pacific Railroad Company, had the toes of one foot crushed by a car wheel running over them. The injured parts were amputated at Superior, Wisconsin, and the next day he was brought to Brainerd, and placed in the hospital, under the treatment of the defendant, where he…
2Cases cited4 opinions
- Nelson v. HarringtonWisconsin Supreme Court · 1888
- Getchell v. HillSupreme Court of Minnesota · 1875
- Patten v. WigginSupreme Judicial Court of Maine · 1862
- Voge v. PenneySupreme Court of Minnesota · 1898
3Cited by38 opinions
- Staloch v. HolmSupreme Court of Minnesota · 1907
- Viita v. FlemingSupreme Court of Minnesota · 1916
- Maher v. Duluth Yellow Cab Co.Supreme Court of Minnesota · 1927
- Janssen v. MulderMichigan Supreme Court · 1925
- Swanson v. HoodWashington Supreme Court · 1918
33 more not listed; retrieve them via the Exa API.