Legal Opinion

Morey v. Thybo

Court of Appeals for the Seventh Circuit

Decided April 23, 1912No. 1,849PublishedCited by 13 opinions

In Error to the Circuit Court of the United States for the Eastern District of Illinois. Action by Rhoda Thybo against E. E. Morey. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

BAKER, Circuit Judge.

Morey, plaintiff in error, a physician and surgeon, seeks to reverse a judgment against him for malpractice.

Three counts were in the declaration. Two were broad enough to cover every act of Morey’s throughout the case. In the third, Mrs. Thybo alleged that Morey, “together with one Rice, another physician and surgeon whom the defendant then and there called in to assist him and for consultation,” negligently tore and lacerated her vagina and uterus in delivering her of a child, failed to remove all of the afterbirth, and used unsterilized instruments, in consequence of…

2Cases cited4 opinions

  1. Hitchcock v. BurgettMichigan Supreme Court · 1878
  2. Harris v. FallCourt of Appeals for the Seventh Circuit · 1910
  3. Brown v. BennettMichigan Supreme Court · 1909
  4. Keller v. LewisSupreme Court of Arkansas · 1898

3Cited by13 opinions

  1. Dan F. Thompson v. C. Walton Lillehei, Geraldine B. Thompson v. C. Walton LilleheiCourt of Appeals for the Eighth Circuit · 1959
  2. Nelson v. SandellSupreme Court of Iowa · 1926
  3. Rhodes v. LamarSupreme Court of Oklahoma · 1930
  4. Stokes v. LongMontana Supreme Court · 1916
  5. Wynne v. HarveyWashington Supreme Court · 1917

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