Talley v. Whitlock
Supreme Court of Alabama
.Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by James Howard Whitlock, by next friend, against Dr. D. F. Talley. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Act April 18, 1911, p. 449. The facts and objections to evidence sufficiently appear. The following assignments of error are referred to: Second, third, fourth, and fifth — all of which treat of the question and answer of Drs.
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.Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by James Howard Whitlock, by next friend, against Dr. D. F. Talley. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Act April 18, 1911, p. 449. The facts and objections to evidence sufficiently appear. The following assignments of error are referred to: Second, third, fourth, and fifth — all of which treat of the question and answer of Drs. Field and Clements, stated in the opinion. The following charges are given at plaintiff’s request: (Al) “By directly causing…
1Opinion of the CourtThomas, J.
— This action is for negligence in the performance of a surgical operation. Defendant made an incision in plaintiff’s chest wall, and placed therein a tube for the purpose of draining pus. It is alleged that the tube was negligently inserted or secured therein, and that it slipped into the cavity of plaintiff’s body, preventing him from recovering, causing him pain and injury, and making necessary a second operation to relieve him by removing said tube.(1) The averment of negligence in the one count of the complaint on which the trial was had is: “Defendant was a practicing physician and…
2Cases cited41 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
36 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- Birmingham Amusement Co. v. NorrisSupreme Court of Alabama · 1927
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Parisian Co. v. WilliamsSupreme Court of Alabama · 1919
- Thaggard v. VafesSupreme Court of Alabama · 1928
35 more not listed; retrieve them via the Exa API.