McBride v. Huckins
Supreme Court of New Hampshire
Case, against the defendants as surgeons, for negligently amputating the plaintiff’s arm which had been injured and required surgical .attention. There was also a count for trespass or assault. Trial by jury and verdict for the plaintiff.
Read the full summary
Case, against the defendants as surgeons, for negligently amputating the plaintiff’s arm which had been injured and required surgical .attention. There was also a count for trespass or assault. Trial by jury and verdict for the plaintiff. Transferred from the September term, 1909, of the superior court by Chamberlin, J., on the ■defendants’ exception to the refusal of the court to instruct the jury -as follows: “If you find that the defendants possessed such skill and learning as is ordinarily possessed by physicians practicing in “the same line in similar localities, and that in treating and…
1Opinion
It is impossible to determine on which count of the declaration the damages were assessed, or whether both causes of action were considered by the jury in deciding upon the amount of their verdict. Peabody v. Kinsley,40 N.H. 416. If the erroneous theory of liability adopted at the trial may have been considered by the jury on either count, as having some tendency to enhance the damages, their finding in that respect must be set aside, as well as their finding on the issue of liability. While it is true that when the error found to exist in a trial does not apply to or affect all the issues…
2Cases cited17 opinions
- Fay v. ParkerSupreme Court of New Hampshire · 1872
- Piper v. Boston & Maine RailroadSupreme Court of New Hampshire · 1910
- Pittsfield Cottonwear Manufacturing Co. v. Pittsfield Shoe Co.Supreme Court of New Hampshire · 1902
- Cohn v. SaidelSupreme Court of New Hampshire · 1902
- Prescott v. RobinsonSupreme Court of New Hampshire · 1908
12 more not listed; retrieve them via the Exa API.