Legal Opinion

Harriman v. Sanger

Supreme Judicial Court of Maine

Decided December 20, 1877PublishedCited by 3 opinions

On exceptions. Case against tbe defendant, a physican and surgeon, for malpractice in the treatment of congenital club-foot or talipes varus, brought by the plaintiff, seven years old, by next friend. The defendant cut the heel cord, the tendo aehitlis of each of the feet, May 22, 1871, when the plaintiff was 13 months old.

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On exceptions. Case against tbe defendant, a physican and surgeon, for malpractice in the treatment of congenital club-foot or talipes varus, brought by the plaintiff, seven years old, by next friend. The defendant cut the heel cord, the tendo aehitlis of each of the feet, May 22, 1871, when the plaintiff was 13 months old. The subsequent treatment was in bringing the toes and fore part of the feet round to their natural position and the heels down, applying modified Scarpa’s shoes, giving directions to the plaintiff’s mother to rub the feet, and subsequent calls to see the shoes fitted; and…

1Opinion of the CourtVirgin, J.

“To the above rulings and to the charge of the justice presiding the plaintiff excepts” is the language of the plaintiff’s bill of exceptions.

1. No ruling relating to the reading to the jury of the original interrogatories together with the deposition having been made or requested, the objection thereto is not covered by the bill of exceptions ; and therefore it cannot be considered. Moreover, if the objection were properly before us on motion, we cannot conceive how, in the absence of any suggestion of fraud, or of mistake in the copy, the plaintiff could be prejudiced by the act complained…

2Cases cited18 opinions

  1. Harvey v. TylerSupreme Court of the United States · 1865
  2. Evans v. EatonSupreme Court of the United States · 1822
  3. Beaver v. TaylorSupreme Court of the United States · 1876
  4. Hollingsworth Magniac v. ThompsonSupreme Court of the United States · 1833
  5. Decker v. . MathewsNew York Court of Appeals · 1855

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3Cited by3 opinions

  1. De Fraga v. Portuguese Mutual Benefit SocietyHawaii Supreme Court · 1895
  2. State v. BennettSupreme Judicial Court of Maine · 1962
  3. Ripley & Davis v. Kapiolani Estate, Ltd.Hawaii Supreme Court · 1915

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