Sykes v. Bonner
Ohio Superior Court, Cincinnati
This is an action against the defendant, as a physician and surgeon, who undertook to cure the plaintiff of a painful swelling of the left arm, for reward, and it is alleged he so carelessly, negligently, and improperly treated the plaintiff, by cutting one or more arteries and veins, that her life was in great danger, and her arm has been rendered wholly useless, by reason of which, etc., she has been damaged $3,000. A trial was had to a jury, and a verdict was rendered for…
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This is an action against the defendant, as a physician and surgeon, who undertook to cure the plaintiff of a painful swelling of the left arm, for reward, and it is alleged he so carelessly, negligently, and improperly treated the plaintiff, by cutting one or more arteries and veins, that her life was in great danger, and her arm has been rendered wholly useless, by reason of which, etc., she has been damaged $3,000. A trial was had to a jury, and a verdict was rendered for the plaintiff, on the 10th December, 18G9, for $1,000, which verdict was afterward set aside, and a new trial granted,…
1Opinion of the CourtHagans, J.
In looking into the justice’s record, it appears that the judgment against the plaintiff for the professional services of the defendant was taken by default, and on the testimony of the defendant himself only. It was certainly not necessary, in order to entitle the plaintiff in that case to recover, that he should prove that he was not guilty of any negligence in his professional treatment. It was enough to show, simply, that he performed the service at the defendant’s request and their value, and the fact that the amount was due. There were no pleadings and no issues. There is nothing in the…
2Cases cited4 opinions
- Gates v. . PrestonNew York Court of Appeals · 1869
- Bellinger v. CraigueNew York Supreme Court · 1860
- Duncan v. DrakeleyOhio Supreme Court · 1840
- Mallett v. FoxcroftU.S. Circuit Court for the District of Maine · 1841
3Cited by4 opinions
- Lawson v. ConawayWest Virginia Supreme Court · 1892
- Sale v. EichbergTennessee Supreme Court · 1900
- Ressequie v. ByersWisconsin Supreme Court · 1881
- Jordahl v. BerrySupreme Court of Minnesota · 1898