Legal Opinion

Skike v. Potter

Nebraska Supreme Court

Decided December 9, 1897No. 7667PublishedCited by 16 opinions

Error from the district court of Seward county. Tried below before Wheeler, J. The opinion contains a statement of the case. Defendants did not plead that they were discharged. Evidence that the physicians were discharged is not admissible under a general denial. (1 Ency.

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Error from the district court of Seward county. Tried below before Wheeler, J. The opinion contains a statement of the case. Defendants did not plead that they were discharged. Evidence that the physicians were discharged is not admissible under a general denial. (1 Ency. PI. & Pr. 849, 850; Burlington & M. B. B. Go. v. Kearney County, 17 Neb. 511; Peek v. O’Brien, 5 Neb: 362; Haggard v. Hay, 13 B. Mon. [Ky.] 175; Clark v. Finnell, 16 B. Mon. [Ky.] 329; Francis v. Francis, 18 B. Mon. [Ky.] 57; Curtis v. Biehards, 9 Cal. 33; Schenk v. Hvoy, 24 Cal. 104; Lewis v. Coulter, 10 O. St. 451;…

1Opinion of the Court

Ragan, C.

On July 4, 1890, Ernest Yan SMke, while playing baseball, fractured his kneecap. For negligently treating this wound he sued Drs. Potter & Reynolds in the district court of Seward county for damages. The trial resulted in a verdict and judgment in favor of the doctors, to reverse which the plaintiff below has filed here a petition in error.

1. The first assignment of error is that th.e verdict is not sustained by sufficient evidence. The undisputed facts in the case are that plaintiff’s kneecap was fractured at Cordova, Nebraska. One Dr. Doty was immediately called, dressed the wound,…

2Cases cited6 opinions

  1. Basye v. StateNebraska Supreme Court · 1895
  2. Hewitt v. EisenbartNebraska Supreme Court · 1893
  3. Lavin v. PeopleIllinois Supreme Court · 1873
  4. Gallagher v. Market Street Railway Co. of San FranciscoCalifornia Supreme Court · 1885
  5. O'Hara v. WellsNebraska Supreme Court · 1883

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

3Cited by16 opinions

  1. Nash v. . RoysterSupreme Court of North Carolina · 1925
  2. Bittner v. MillerNebraska Supreme Court · 1987
  3. Darnell v. Panhandle Cooperative AssociationNebraska Supreme Court · 1963
  4. Rhodes v. LamarSupreme Court of Oklahoma · 1930
  5. Bixby v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1898

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

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