Terier v. Dare
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Gilbert De Witt Dare, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 30th day of December, 1910, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 19th day of December, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, J.:
The plaintiff has recovered a judgment against his physician for malpractice. He fell from the step's of his house and struck upon his shoulder- and was treated for the injury by the defendant. Plaintiff’s evidence tends to show that his shoulder is dislocated and that he was not properly treated for a dislocation. The doctor had treated the plaintiff for a considerable time before the injury for a chronic infectious disease, and his theory is that the shoulder was not dislocated but bruised, and that infection from the contagious disease attacked the shoulder joint following the…
2Cases cited2 opinions
- Capron v. . DouglassNew York Court of Appeals · 1908
- Van Allen v. GordonNew York Supreme Court · 1894