Willard v. Norcross
Supreme Court of Vermont
Case for malpractice. Plea, the general issue. Trial by-jury at the October Term, 1905, Essex County, Powers, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The plaintiff testified that she did not claim that the defendant failed to treat her .wrists properly because of any ill feeling or malice toward her, but that his negligence was because “he didn’t know any better.”
Read the full summary
Case for malpractice. Plea, the general issue. Trial by-jury at the October Term, 1905, Essex County, Powers, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The plaintiff testified that she did not claim that the defendant failed to treat her .wrists properly because of any ill feeling or malice toward her, but that his negligence was because “he didn’t know any better.” The plaintiff did not claim any exemplary damages, and requested the court not to submit that question to the jury. The defendant, under V. S. 1662, also brought a petition for a new trial on…
1Opinion of the CourtMunson, J.
The suit is for malpractice in the treatment of plaintiff’s wrists. The declaration contains a count charging intentional injury. To prove defendant’s animus, the court received evidence that he treated the plaintiff discourteously after his attendance had ceased. As the case stood, this was error.
The defendant’s connection with the case ended in January, and the incidents testified to occurred later than May. The plaintiff’s statements, as detailed in the exceptions, are substantially these. She met the defendant once on the overpass, and he turned around and faced her, and acted as though…
2Cases cited17 opinions
- McManus v. StateSupreme Court of Alabama · 1860
- Rea v. HarringtonSupreme Court of Vermont · 1885
- Garrett v. DickersonCourt of Appeals of Maryland · 1863
- Chamberlin v. VanceCalifornia Supreme Court · 1875
- Kennedy v. GiffordNew York Supreme Court · 1838
12 more not listed; retrieve them via the Exa API.