Adams v. Henry
Michigan Supreme Court
Error to Wayne; Murfin, J. Case by Nellie Adams against Thomas J. Henry for malpractice. A judgment for defendant, on a verdict directed by the court, is reviewed by plaintiff on writ of error. This is an action against defendant, a physician, for malpractice. On December 26, 1907, plaintiff, who was then in an advanced state of pregnancy, claims to have received a jar while alighting from a street car which brought on premature labor.
Read the full summary
Error to Wayne; Murfin, J. Case by Nellie Adams against Thomas J. Henry for malpractice. A judgment for defendant, on a verdict directed by the court, is reviewed by plaintiff on writ of error. This is an action against defendant, a physician, for malpractice. On December 26, 1907, plaintiff, who was then in an advanced state of pregnancy, claims to have received a jar while alighting from a street car which brought on premature labor. On that evening defendant was called and prescribed for her. Next morning, the 27th, defendant again called, and advised her that she would shortly be…
1Opinion of the CourtBrooke, J.
(after stating the facts). We are of opinion, if plaintiff had been permitted to produce, and had been able to produce, testimony tending to establish the statements contained in the offer, that it cannot be said, as a matter of law, that defendant was not negligent. If defendant was present and responded personally to each call that is said to have been made upon him between 11 and 12:30 o’clock, and upon each occasion agreed to at once attend the plaintiff and failed to keep his promise, we think he should be held liable, if his failure to attend resulted in injury to plaintiff. We note…
2Cited by2 opinions
- Mehigan v. SheehanSupreme Court of New Hampshire · 1947
- Stokes v. HaynesCourt of Appeals of Kentucky · 1968