Legal Opinion

McCandless v. McWha

Supreme Court of Pennsylvania

Decided July 1, 1853PublishedCited by 30 opinions

Error to the Common Pleas of Beaver county. This was an action on the case by James McWha v. Dr. Alexander Gr. McCandless, for an injury sustained by reason of alleged malpractice in the setting and treatment of his broken limb.

Read the full summary

Error to the Common Pleas of Beaver county. This was an action on the case by James McWha v. Dr. Alexander Gr. McCandless, for an injury sustained by reason of alleged malpractice in the setting and treatment of his broken limb. The action was brought to September Term, 1848. The plaintiff, by accident, had his left leg broken about the 24th March, 1847, and the defendant, a surgeon and physician of good standing in his profession and otherwise, was called to set the leg and attend to it. After the leg had healed, this suit was brought to recover damages for malpractice, on the alleged ground…

1Opinion of the Court 1

The opinion of a majority of the Court was delivered by

Woodward, J.

This was an action on the case by the defendant in error against the plaintiff in error, a respectable physician and surgeon, for malpractice in setting a broken leg of the plaintiff; and the only question of any importance presented for our consideration is, whether the Court erred in charging “ that the defendant was hound to bring to his aid the skill necessary for a surgeon to set the leg so as to make it straight and of equal length with the other, when healed; and if he did not, he was accountable in damages, just as a…

Also in this document: Opinion of the Court · Lewis.

2Cited by30 opinions

  1. Hodgson v. BigelowSupreme Court of Pennsylvania · 1939
  2. Whetstine v. MoravecSupreme Court of Iowa · 1940
  3. Donaldson v. MaffucciSupreme Court of Pennsylvania · 1959
  4. Lonnie F. Titchnell and Ella Titchnell v. United StatesCourt of Appeals for the Third Circuit · 1982
  5. Remley v. PlummerSuperior Court of Pennsylvania · 1922

25 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API