McMurdock v. Kimberlin
Missouri Court of Appeals
Appeal from Jackson Circuit Court, IIon. James H. Sloyer, Judge. The case is stated in the opinion. I. The motion for a continuance ought not to have been sustained, and defendant compelled, when ready for trial, to submit to a continuance or to admit the affidavit in evidence. 31 Mo. 462; 28 Mo. 341. II. The court erred in instructing as to the measure of damages, and is in contradiction of instruction given ' by the court at request of defendant. III.
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Appeal from Jackson Circuit Court, IIon. James H. Sloyer, Judge. The case is stated in the opinion. I. The motion for a continuance ought not to have been sustained, and defendant compelled, when ready for trial, to submit to a continuance or to admit the affidavit in evidence. 31 Mo. 462; 28 Mo. 341. II. The court erred in instructing as to the measure of damages, and is in contradiction of instruction given ' by the court at request of defendant. III. The court erred in modifying instructions asked by defendant as to the degree of care, skill and diligence which the law required of…
1Opinion of the CourtEllison, J.
This action is for malpractice.
The petition charges that defendant, holding himself out as a physician and surgeon, undertook to treat the plaintiff ’ s eye, and that- he so unskillfully, carelessly, and negligently treated it that plaintiff lost its use, incurring great expense and suffering much pain. The .answer admitted defendant was a physician and surgeon, .and that he treated plaintiff’s eye, but denied the other allegations of the petition.
There was a verdict and j udgment for plaintiff for ■$362.75, and defendant appeals.
Defendant complains here of the action of the trial -court in…
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