Leighton v. Sargent
Superior Court of New Hampshire
Case, for unskilful and careless treatment of the plaintiff’s injured limb, by the defendant, a physician and surgeon. 1. On the trial, the defendant proposed to inquire of a physician, under whom the defendant pursued his preparatory studies, his opinion whether or not the defendant, at the time he closed his studies with him, had more than the ordinary skill of the members of the profession, judging from his own acquaintance with them.
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Case, for unskilful and careless treatment of the plaintiff’s injured limb, by the defendant, a physician and surgeon. 1. On the trial, the defendant proposed to inquire of a physician, under whom the defendant pursued his preparatory studies, his opinion whether or not the defendant, at the time he closed his studies with him, had more than the ordinary skill of the members of the profession, judging from his own acquaintance with them. The court did not allow the inquiry. 2. The defendant proposed to inquire of a physician as to the general reputation, in the profession, of the Vermont…
1Opinion of the CourtWoods, C. J.
One important question involved in the trial related to the degree of skill possessed by the defendant as a surgeon. The fact essential to be proved was, that he was as skillful as surgeons generally in the section of the country in which he practised, or, in other language, that his skill was equal to the ordinary skill of the members of the profession in practice.
1. The opinion of the physician with whom the defendant studied his profession, was asked as to the fact whether he possessed 11 more than the ordinary skill of the members of the profession, judging from his acquaintance with…
2Cases cited6 opinions
- People v. DouglassNew York Supreme Court · 1825
- Brant ex dem. Buckbee v. FowlerNew York Supreme Court · 1827
- Mattocks v. LymanSupreme Court of Vermont · 1846
- Town of Rochester v. Town of ChesterSuperior Court of New Hampshire · 1826
- Shapley v. WhiteSuperior Court of New Hampshire · 1833
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Weimer v. HetrickCourt of Appeals of Maryland · 1987
- State v. SmartSupreme Court of New Hampshire · 1993
- Drop Anchor Realty Trust Charlotte Marshall v. Hartford Fire InsuranceSupreme Court of New Hampshire · 1985
- McBride v. HuckinsSupreme Court of New Hampshire · 1911
- Caldwell v. YeatmanSupreme Court of New Hampshire · 1940
6 more not listed; retrieve them via the Exa API.