Legal Opinion

MacKenzie v. Carman

Appellate Division of the Supreme Court of the State of New York

Decided April 7, 1905PublishedCited by 6 opinions

Appeal from Trial Term, New York County. Action by Jessie MacKenzie against Albro R. Carman and another, impleaded. From a judgment in favor of plaintiff, and from an order denying a motion for a new trial, defendant Carman appeals. Reversed.

1Opinion of the CourtIngraham, J.

The defendants are physicians, and treated the plaintiff for a fracture of the bone of the arm about an inch above the wrist. Splints were applied to the arm to hold the broken bone in *1064place, and when these splints were removed two black spots appeared on the surface of the wrist, which subsequently developed into ulcers, and resulted in a permanent injury to the plaintiff’s arm, for which she sought by this action to hold the defendants jointly liable. The case was submitted to the jury, who found a verdict against both defendants, and from the judgment entered upon that verdict the…

2Cases cited1 opinion

  1. Pike v. . HonsingerNew York Court of Appeals · 1898

3Cited by6 opinions

  1. Staloch v. HolmSupreme Court of Minnesota · 1907
  2. Loudon v. ScottMontana Supreme Court · 1920
  3. Wilson v. BlairMontana Supreme Court · 1922
  4. Butler v. RuleArizona Supreme Court · 1926
  5. McAlinden v. St. Maries Hospital Ass'nIdaho Supreme Court · 1916

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