Legal Opinion

Byers v. Bacon

Supreme Court of Pennsylvania

Decided July 3, 1915No. Appeal, No. 279PublishedCited by 18 opinions

Appeal, No. 279, Jan. T., 1914, by plaintiff, from judgment of O. P. York Go., April T., 1913, No. 57, on directed verdict for defendant in the case of Edgar J.. Byers v. William F. Bacon. Trespass for personal injuries. Before Ross, J. The opinion of the Supreme Court states the case. The court directed a verdict for defendant, upon which judgment tvas entered. Plaintiff appealed.' Errors assigned were rulings on evidence and in giving binding instructions for defendant.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

The defendant in this case, a physician and surgeon, was charged by the plaintiff with negligence in failing to remove at the proper time, a rubber tube, which during the progress of a surgical operation performed on the plaintiff by defendant, had been inserted in the wound for drainage purposes. In the statement of claim, the *566plaintiff alleged that the operation was performed by defendant at the York hospital, where he was head of the staff of physicians. That on March 21, 1910, plaintiff was discharged from the hospital as a patient by defendant, and was told…

2Cited by18 opinions

  1. Smith v. Bell Telephone Co.Supreme Court of Pennsylvania · 1959
  2. Ayers v. MorganSupreme Court of Pennsylvania · 1959
  3. Schaffer v. LarzelereSupreme Court of Pennsylvania · 1963
  4. Anthony v. Koppers Co., Inc.Superior Court of Pennsylvania · 1980
  5. Adams v. IsonCourt of Appeals of Kentucky (pre-1976) · 1952

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