Spain v. Burch
Missouri Court of Appeals
Appeal from Jasper Coxinty Circuit Court, Division Number Two. — Hon. David E. Blair, Judge. (1) In an action for malpractice plaintiff must recover, if at all, in accordance with bis allegations.
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Appeal from Jasper Coxinty Circuit Court, Division Number Two. — Hon. David E. Blair, Judge. (1) In an action for malpractice plaintiff must recover, if at all, in accordance with bis allegations. Tbe evidence must be restricted within the issues made by the pleadings. 30 Cyc. 1583, par. 7 and note 4; West v. Martin, 31 Mo. 375, (2) A physician and surgeon is only required to possess and use the skill and care which is possessed and exercised generally by physcians of ordinary care and skill in similar communities. Hales v. Raines, 146 Mo. App, 241; West v. Martin, 31 Mo. 375; Robertson v.…
1Opinion of the CourtSturgis, J.
This is a suit for damages for the death of plaintiff’s wife, caused as is alleged by the *99malpractice of- the defendant as a physician in administering to her an anaesthetic. The plaintiff recovered and the defendant appealed, alleging as the chief error that the evidence is not sufficient to support the verdict on either ground of negligence on which the case was submitted to the jury. There were originally two defendants, but as the case was dismissed as to one during the progress of the trial the other defendant,. Dr. Burch, will be treated as the sole defendant.
The petition, after stating…
2Cases cited9 opinions
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- State v. HousekeeperCourt of Appeals of Maryland · 1889
- State ex rel. Town of Canton v. AllenSupreme Court of Missouri · 1903
- Hunter v. WethingtonSupreme Court of Missouri · 1907
- Jordan v. St. Louis Transit Co.Supreme Court of Missouri · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Steele v. WoodsSupreme Court of Missouri · 1959
- Swope v. PrintzSupreme Court of Missouri · 1971
- Dempsey v. HortonSupreme Court of Missouri · 1935
- Houghton v. DicksonCalifornia Court of Appeal · 1916
- Hasemeier v. SmithSupreme Court of Missouri · 1962
21 more not listed; retrieve them via the Exa API.