Tefft v. Wilcox
Supreme Court of Kansas
Error from Shawnee District Court. Action by defendant in error to recover damages for injuries alleged to have been occasioned by plaintiff’s failure' to “ use due and proper care, skill, and diligence,” as a physician and surgeon.
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Error from Shawnee District Court. Action by defendant in error to recover damages for injuries alleged to have been occasioned by plaintiff’s failure' to “ use due and proper care, skill, and diligence,” as a physician and surgeon. The petition states, that in 1866, Wilcox “ was diseased in his right arm and shoulders with neuralgia and rheumatism,” and while so diseased “ accidently injured said arm and shoulder,” and by the said disease and injury “ the said shoulder became dislocatedthat he employed Tef't, a practicing physician and surgeon, to treat said disease and injury, and to reset…
1Opinion of the Court
The opinion of the court was delivered by
Sarrord, J.:
Upon the trial of this case in the court below, the plaintiff, now defendant in error, having been *54sworn as a witness in his own hehalf, was asked among others, the following question: “What damage have you sustained in consequence of the loss of your right arm and shoulder ?” The answer of the witness was in the words as follows: ' “ My answer is, the amount claimed in my petition, fully ten thousand dollars.” Both the question and the answer were objected to by the counsel for the defendant; but the objections were overruled, and the…
2Cases cited3 opinions
- Ransom v. . the N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Caldwell v. MurphyThe Superior Court of New York City · 1852
- West v. ForrestSupreme Court of Missouri · 1856
3Cited by61 opinions
- Natanson v. KlineSupreme Court of Kansas · 1960
- Morrison v. MacNamaraDistrict of Columbia Court of Appeals · 1979
- Durflinger v. ArtilesSupreme Court of Kansas · 1983
- Samsel v. Wheeler Transport Services, Inc.Supreme Court of Kansas · 1990
- Smith v. YoheSupreme Court of Pennsylvania · 1963
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