Osborn ex rel. Osborn v. Carey
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Lincoln County. Hon. Edward A. Walters, Judge. Action to recover damages on the ground of carelessness and negligence in diagnosing and treating a certain disease. Judgment for plaintiff. In overruling defendant’s demurrer the court placed the defendant at a great disadvantage. He was entitled to know just what was the disease from which it was contended plaintiff was suffering.
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APPEAL from the District Court of the Fourth Judicial District for Lincoln County. Hon. Edward A. Walters, Judge. Action to recover damages on the ground of carelessness and negligence in diagnosing and treating a certain disease. Judgment for plaintiff. In overruling defendant’s demurrer the court placed the defendant at a great disadvantage. He was entitled to know just what was the disease from which it was contended plaintiff was suffering. He was certainly entitled to understand the nature of plaintiff’s proof. Under the very general allegation of the complaint, plaintiff could prove the…
1Opinion of the CourtSullivan, J.
This is an action brought by the plaintiff, an infant of about the age of twelve years,» by his guardian ad litem, against the respondent, a physician practicing his profession at Gooding, Lincoln county, Idaho, for damages for an alleged act of malpractice in mistakenly diagnosing and treating an ailment of the leg. Said infant will hereafter be referred to as the respondent.
It is alleged in the complaint that on or about the 14th of November, 1911, the respondent was afflicted with a disease of his right leg and that appellant was called to attend and treat him for the disease, and that he…
2Cases cited4 opinions
- Aetna Life Ins. Co. v. WardSupreme Court of the United States · 1891
- Jackson v. BurnhamSupreme Court of Colorado · 1895
- Tomer v. AikenSupreme Court of Iowa · 1904
- Hawley v. WilliamsIndiana Supreme Court · 1883
3Cited by24 opinions
- Lawless v. CalawayCalifornia Supreme Court · 1944
- McDermott v. Manhattan Eye, Ear & Throat HospitalNew York Court of Appeals · 1964
- Iverson v. LancasterNorth Dakota Supreme Court · 1968
- Stroscheim v. ShayIdaho Supreme Court · 1941
- Anderson v. FlorenceSupreme Court of Minnesota · 1970
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