Legal Opinion

Chamberlain v. Porter

Supreme Court of Minnesota

Decided July 15, 1864PublishedCited by 9 opinions

APPEAL EROM THE DISTRICT COURT OE DAKOTA COUNTY. Points and authorities of Counsel for Appellant. First — The Court erred in the first charge to the jury. (See opinion.) Because— 1. — The testimony of the Appellee himself, as well as other evidence, shows that the Appellee was treated not only by the Appellant for his broken limb, but by other surgeons and physicians.

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APPEAL EROM THE DISTRICT COURT OE DAKOTA COUNTY. Points and authorities of Counsel for Appellant. First — The Court erred in the first charge to the jury. (See opinion.) Because— 1. — The testimony of the Appellee himself, as well as other evidence, shows that the Appellee was treated not only by the Appellant for his broken limb, but by other surgeons and physicians. See Folios 27, 28, 29, 30, 36, 37, 40 to 45, 54, 57, 64 to 77, 88 to 100, 118, 119, 122, 123, 127, 128, 129. The charge above excepted to holds the Appellant responsible for all pain and suffering, and all damages sustained by…

1Opinion of the Court

By the Court

McMillan, J.

This is an action brought by the Plaintiff in the court below to recover damages from the Defendant for alleged improper, negligent and unskilful surgical treatment of the Plaintiff’s broken thigh. The action comes to this court on appeal, by the Defendant, from the judgment and order denying the motion for a new trial.

The only exceptions in the case are those taken to the charge of the Court.

The case, as settled, contains the following statement with reference to the proceedings on the trial:

*264“ The evidence and argument of counsel being concluded, the Plaintiff…

2Cases cited9 opinions

  1. Pennock v. DialogueSupreme Court of the United States · 1829
  2. Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
  3. Collins v. Albany & Schenectady RailroadNew York Supreme Court · 1852
  4. Neal v. GillettSupreme Court of Connecticut · 1855
  5. Wright v. BrownIndiana Supreme Court · 1853

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3Cited by9 opinions

  1. State ex rel. Smallwood v. WindomSupreme Court of Minnesota · 1915
  2. Enger v. HolmSupreme Court of Minnesota · 1942
  3. Carpenter v. McDavitt & CottinghamMissouri Court of Appeals · 1893
  4. Chapman v. DoddSupreme Court of Minnesota · 1865
  5. Flakne v. EricksonSupreme Court of Minnesota · 1942

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