Higgins v. McCabe
Massachusetts Supreme Judicial Court
Tort. Writ dated January 18, 1877. The declaration was as follows: “ And the plaintiff says, that the defendant held herself out as a competent and skilful midwife practicing in Boston; that the mother of plaintiff was about to be delivered of child, and, at the defendant’s request, employed the defendant as midwife; that thereafterwards the mother of plaintiff was delivered of child, being the plaintiff, and the defendant acted as midwife; and the defendant neglected to…
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Tort. Writ dated January 18, 1877. The declaration was as follows: “ And the plaintiff says, that the defendant held herself out as a competent and skilful midwife practicing in Boston; that the mother of plaintiff was about to be delivered of child, and, at the defendant’s request, employed the defendant as midwife; that thereafterwards the mother of plaintiff was delivered of child, being the plaintiff, and the defendant acted as midwife; and the defendant neglected to take proper care of the plaintiff, and treated the plaintiff so negligently and carelessly that the plaintiff contracted a…
1Opinion of the CourtColt, J.
This action proceeds upon the ground that the defendant failed to discharge a legal duty which she owed the plaintiff, resulting in the injury complained of. The question is whether the evidence relied on by the plaintiff would justify a verdict in favor of the child; and, in the opinion of a majority of the court, it would not.
It appears that the defendant was originally employed only as a midwife. The parents had employed her twice before in that capacity. There was no competent evidence that the treatment of diseases of the eyes which might be developed in the child was embraced in the…
2Cases cited1 opinion
- Gill v. MiddletonMassachusetts Supreme Judicial Court · 1870
3Cited by8 opinions
- Harriott v. PlimptonMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. PornMassachusetts Supreme Judicial Court · 1907
- Bigney v. FisherSupreme Court of Rhode Island · 1904
- MacKown v. Illinois Publishing & Printing Co.Appellate Court of Illinois · 1937
- Morrison v. AltigSupreme Court of Iowa · 1912
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