Legal Opinion

Evans v. Roberts

Supreme Court of Iowa

Decided November 26, 1915PublishedCited by 62 opinions

Appeal from Mahaska District Court. — Hon. K. E. Willcockson, Judge. Action at law to recover damages. Verdict for plaintiff, and defendant appeals. The material facts are stated in the opinion.

1Opinion of the CourtWeaver, J.

The defendant is a practicing physician and surgeon at Oskaloosa, Iowa, and plaintiff, a child of seven years, resides with her parents in the neighboring town of New Sharon. In November, 1910, plaintiff’s parents brought her to defendant’s office for treatment. Defendant’s diagnosis was to the effect that plaintiff was afflicted with adenoids, the removal of which was necessary to her proper recovery. This operation the defendant undertook to perform, and in so doing, it is alleged that he cut off a portion of the child’s tongue, and this action is brought to recover damages. Plaintiff…

2Cases cited5 opinions

  1. Davis v. KerrSupreme Court of Pennsylvania · 1913
  2. Wharton v. WarnerWashington Supreme Court · 1913
  3. Adams v. University HospitalMissouri Court of Appeals · 1907
  4. Reynolds v. SmithSupreme Court of Iowa · 1910
  5. Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1912

3Cited by62 opinions

  1. Ales v. RyanCalifornia Supreme Court · 1936
  2. Whetstine v. MoravecSupreme Court of Iowa · 1940
  3. Benson v. . DeanNew York Court of Appeals · 1921
  4. Lanier v. TrammellSupreme Court of Arkansas · 1944
  5. Slimak v. FosterSupreme Court of Connecticut · 1927

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