Simonds v. Henry
Supreme Judicial Court of Maine
Exceptions from Nisi Prius, Shepley, C. J., presiding. Assumpsit, for a fall set of artificial teeth for defendant’s wife. The contract was made with the wife, for the manufacture of the teeth for a certain price, with the knowledge and assent of defendant. When put into her mouth she complained that they felt odd and pained her. The plate was then somewhat filed, but she still complained, and declined to pay for them.
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Exceptions from Nisi Prius, Shepley, C. J., presiding. Assumpsit, for a fall set of artificial teeth for defendant’s wife. The contract was made with the wife, for the manufacture of the teeth for a certain price, with the knowledge and assent of defendant. When put into her mouth she complained that they felt odd and pained her. The plate was then somewhat filed, but she still complained, and declined to pay for them. It was agreed, that she might take them away and return them on the Monday following, when she returned and said she knew she could never wear them. Something further was done…
1Opinion of the CourtAppletoN, J.
— The law impliés an undertaking on the part of apothecaries and surgeons, that they will use a reasonable degree of care and skill in the treatment of their *157patients. Chitty on Contracts, 553. They are held responsible for injuries resulting from a want of ordinary care and skill. The highest degree of skill is not to be expected, nor can it reasonably bo required of all.
The instruction given was, “ that if the plaintiff has used all the knowledge and skill to which the art had at the time advanced, that would be all that would be required of him,” &c. It is undoubtedly correct, that no more…
2Cited by4 opinions
- Allan v. State Steamship Co.New York Court of Appeals · 1892
- McTyeire v. McGaughySupreme Court of Alabama · 1930
- Almond v. NugentSupreme Court of Iowa · 1872
- Whitesell v. HillSupreme Court of Iowa · 1897