Luka v. Lowrie
Michigan Supreme Court
Error to Wayne; Mandell, J. Case by Charles Luka, an infant, by his next friend, against George B. Lowrie and others for malpractice. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error. The plaintiff, a boy 15 years of age, while crossing the Michigan Central Railroad track, was knocked down by an engine and in some manner, not clearly shown, was thrown under the wheels of a car. His left foot was mangled and crushed.
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Error to Wayne; Mandell, J. Case by Charles Luka, an infant, by his next friend, against George B. Lowrie and others for malpractice. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error. The plaintiff, a boy 15 years of age, while crossing the Michigan Central Railroad track, was knocked down by an engine and in some manner, not clearly shown, was thrown under the wheels of a car. His left foot was mangled and crushed. There was a compound disarticulation of the bones of the foot, and one of the principal bones of the arch, the “scaphoid”…
1Opinion of the CourtBrooke, J.
(after stating the facts). The first question presented is whether it was necessary to amputate. Plaintiff offered the evidence of two physicians, Dr. Gottman and Dr. Gibbes, who testified that in their opinion the foot might have been saved. Dr. Gottman, who had been engaged as a general practitioner for 17 years, testified that in his practice he had treated one case like plaintiff’s, and that he had never done any amputating of the lower extremities except a toe. He examined the foot the day after it was amputated. Upon cross-examination, he testified in part as follows:
“Q. Suppose the…
2Cases cited12 opinions
- Mohr v. WilliamsSupreme Court of Minnesota · 1905
- Pratt v. DavisIllinois Supreme Court · 1906
- Staloch v. HolmSupreme Court of Minnesota · 1907
- Dubois v. . DeckerNew York Court of Appeals · 1891
- Williams v. LeBarSupreme Court of Pennsylvania · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Lince v. MonsonMichigan Supreme Court · 1961
- Barfield v. South Highlands InfirmarySupreme Court of Alabama · 1915
- Delahunt v. FintonMichigan Supreme Court · 1928
- Bonner v. MoranCourt of Appeals for the D.C. Circuit · 1941
- Bishop v. ShurlyMichigan Supreme Court · 1926
20 more not listed; retrieve them via the Exa API.