Burk v. Foster
Court of Appeals of Kentucky
Case 3 — Action by F. S. Burk Against J. C. B. Foster for Damages for Unskillful Surgical Treatment. — Oct. 21.. , APPEAL FROM OWEN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. On January 31, 1900, appellant, while driving a team hitched to a farm wagon, was thrown therefrom with great force, falling on his arm and shoulder, and was dragged some distance by reason of the lines being entangled around his leg.
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Case 3 — Action by F. S. Burk Against J. C. B. Foster for Damages for Unskillful Surgical Treatment. — Oct. 21.. , APPEAL FROM OWEN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. On January 31, 1900, appellant, while driving a team hitched to a farm wagon, was thrown therefrom with great force, falling on his arm and shoulder, and was dragged some distance by reason of the lines being entangled around his leg. He was assisted to the house of Mrs. Williams and sent for appellee, who is a physician and surgeon, to treat his injuries, and who ■came within an hour after the injuries…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
— Reversing.
Appellant brought this suit against appellee,, a physi*22cían and surgeon, to recover damages for tbe alleged careless and negligent treatment of appellant’s broken and dislocated arm. Tbe original injury was caused by tbe overturning of appellant’s ' wagon, the team becoming frightened, running away with the wagon, and dragging appellant over frozen and rough ground for quite a distance, fracturing his arm in one or more places between the elbow and shoulder, and dislocating the arm at the shoulder joint. The bone broken was the humerus. The…
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- Viita v. FlemingSupreme Court of Minnesota · 1916
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