Keller v. Lewis
Supreme Court of Arkansas
Appeal from Hot Spring circuit court. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. The appellee sued the appellant for damagés in negligently treating a broken arm of his-son, for whom he sued. The son, Lawrence B. Lewis, a boy 13 years old, fell and dislocated and otherwise injured an arm, and on the next day was carried from their home in the country, seven or eight miles, to Hot Springs to procure the services of a surgeon.
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Appeal from Hot Spring circuit court. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. The appellee sued the appellant for damagés in negligently treating a broken arm of his-son, for whom he sued. The son, Lawrence B. Lewis, a boy 13 years old, fell and dislocated and otherwise injured an arm, and on the next day was carried from their home in the country, seven or eight miles, to Hot Springs to procure the services of a surgeon. He first sought Dr. Thompson, and, failing to find him, reached Dr. Keller’s office, and Dr. Keller, informing him that he would leave that day, and be gone two…
1Opinion of the Court
Bunn, C. J.,
(after stating the facts). The defendant asked the following instruction, which was refused by the court: “9. A physician is responsible for 'want of ordinary care and skill and this too, whether his services are given gratuitously or not. But in this case, if plaintiff hnew defendant was going away, and the services of the defendant were given gratuitously, he could only be held responsible for such treatment as he administered personally, and cannot be held for any negligence or want of shill in Dr. Minor." The sentence we have italicised is the only one demanding our…
2Cases cited2 opinions
- Hitchcock v. BurgettMichigan Supreme Court · 1878
- Myers v. HolbornSupreme Court of New Jersey · 1895
3Cited by6 opinions
- Runyan v. GoodrumSupreme Court of Arkansas · 1921
- Stokes v. LongMontana Supreme Court · 1916
- Morey v. ThyboCourt of Appeals for the Seventh Circuit · 1912
- Norton v. HefnerSupreme Court of Arkansas · 1917
- Chicago, Rock Island & Pacific Railroad v. BrittSupreme Court of Arkansas · 1934
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