Stokes v. Long
Montana Supreme Court
Appeal from District Court, Fergus County; Boy E. Ayers, Judge. Action by Frank H. Stokes against W. A. Long. From a judgment for plaintiff and an, order denying Mm a new trial, defendant appeals.
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Appeal from District Court, Fergus County; Boy E. Ayers, Judge. Action by Frank H. Stokes against W. A. Long. From a judgment for plaintiff and an, order denying Mm a new trial, defendant appeals. To allege that appellant failed to exercise ordinary care and skill in the performance of his duty; failed to use reasonable care and diligence in the exercise of his skill as a physician and treated the fracture of respondent’s leg in a grossly careless, negligent and improper manner, are allegations of bald conclusions of law. (Pullen v. City of Butte, 38 Mont. 194, 21 L. R. A. (n. s.) 42, 99 Pac.…
1Opinion of the CourtChief Justice Brantly
In this action plaintiff recovered a judgment against defendant, a physician and surgeon, for alleged malpractice in the reduction and treatment of a broken leg. The defendant has appealed from the judgment and an order denying his motion for a new trial. The appeals were taken separately, and appear upon the records of this court under different numbers, but they were argued and submitted, and will be determined as if taken at the same time.
The motion for a new trial was made upon the minutes of the court. After the defendant had filed his brief in this court, counsel for plaintiff filed a…
2Cases cited20 opinions
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- State v. JonesMontana Supreme Court · 1914
- Taylor v. FelsingIllinois Supreme Court · 1896
- Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
- Hitchcock v. BurgettMichigan Supreme Court · 1878
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3Cited by21 opinions
- Fulton v. Chouteau County Farmers' Co.Montana Supreme Court · 1934
- McNair v. BergerMontana Supreme Court · 1932
- Vonault v. O'RourkeMontana Supreme Court · 1934
- State v. LinebargerIdaho Supreme Court · 1951
- Hershey v. PeakeSupreme Court of Kansas · 1924
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