Legal Opinion

Musser's v. Chase

Ohio Supreme Court

Decided December 15, 1876PublishedCited by 14 opinions

Motion for leave to file a petition in error to tbe District-Court of Meigs county. The original action was brought by the defendant in error against Jacob Musser, in life, in the Court of Common Pleas of Meigs county, to recover damages for the careless and unskillful treatment, by the defendant, of a tumor on the plaintiff’s nose, whereby she had wholly lost ''that organ.

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Motion for leave to file a petition in error to tbe District-Court of Meigs county. The original action was brought by the defendant in error against Jacob Musser, in life, in the Court of Common Pleas of Meigs county, to recover damages for the careless and unskillful treatment, by the defendant, of a tumor on the plaintiff’s nose, whereby she had wholly lost ''that organ. The r&teiner and employment of the defendant was. charged in the petition as follows : “ That on or about the-29th day of March, 1874,-the said plaintiff^ at the special instance and request of the said defendant, employed…

1Opinion of the CourtMcIlvaine, J.

A number of objections are made to the judgment below, the more important of which may be stated thus:

1. That the contract sued on is illegal and void, under the act of May 5, 1868. 65 Ohio L. 146.

2. That the court of common pleas erred in refusing to charge as requested by the defendant.

3. That it also erred in overruling the defendant’s motion for a new trial.

1. Under the act of May 5, 1868, it is made a penal offense for any person to practice medicine in any of its departments “ who has not attended two full conrses of instruction and graduated at some school of medicine,” unless such…

2Cases cited2 opinions

  1. Coleman v. EdwardsOhio Supreme Court · 1855
  2. Morgan v. BoydOhio Supreme Court · 1862

3Cited by14 opinions

  1. Eastman v. StateIndiana Supreme Court · 1887
  2. State v. CreditorSupreme Court of Kansas · 1890
  3. State v. EdmundsSupreme Court of Iowa · 1904
  4. Goehring v. DillardOhio Supreme Court · 1945
  5. State v. HueserSupreme Court of Iowa · 1927

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