Smith v. Overby
Supreme Court of Georgia
Case, in Newton Superior Court. Tried before Judge Rice, at September Term, 1859. This was an action on the case brought, in the first place, by William H. Smith, against BenjaminH. Overby, a physician, to recover damages for the neglect and want of care, skill and attention of defendant in delivering plaintiff’s wife of a child, defendant being called in as an accoucheur, or man-midwife, on said occasion. The defendant pleaded the general issue.
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Case, in Newton Superior Court. Tried before Judge Rice, at September Term, 1859. This was an action on the case brought, in the first place, by William H. Smith, against BenjaminH. Overby, a physician, to recover damages for the neglect and want of care, skill and attention of defendant in delivering plaintiff’s wife of a child, defendant being called in as an accoucheur, or man-midwife, on said occasion. The defendant pleaded the general issue. Plaintiff afterwards amended his declaration by making his wife, Harriet E. Smith, a co-plaintiff, and alleging that defendant injured the said…
1Opinion of the Court
*245 By the Court.
Lumpkin, J.,
delivering the opinion.
This is an action brought by the husband and wife against the defendant, as a physician, for an injury done to the wife in delivering her of a child. Upon the evidence, and under the charge of the Court, the jury found a general verdict for the defendant.
A new trial was moved for, mainly on the ground of the misdirection of the Court as to the law. The application was denied; and this is the judgment excepted to and sought to be reversed.
The declaration, as amended, claimed damages, not only for the bodily pain and injury inflicted upon the…
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