Brewer v. Ring
Supreme Court of North Carolina
ActioN tried before Cline, J., and a jury at October Term, 1918, of Wilkes. Plaintiffs sought to recover damages for malpractice of defendants, physicians and surgeons, in wrongly and negligently diagnosing the feme plaintiff’s pregnancy as a case of fibroid tumor of the uterus or an ovarian tumor.
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ActioN tried before Cline, J., and a jury at October Term, 1918, of Wilkes. Plaintiffs sought to recover damages for malpractice of defendants, physicians and surgeons, in wrongly and negligently diagnosing the feme plaintiff’s pregnancy as a case of fibroid tumor of the uterus or an ovarian tumor. There was much evidence taken at the trial upon the questions of negligence and damages as to each of the two defendants, and the jury returned the following verdict; “Were the plaintiffs injured by the negligence or want of skill of the defendants, or either of them? Answer: No.’” There were two…
1Opinion of the Court
"Walker, J.,
after stating tbe facts: "We have stated that tbe defendants denied categorically all allegations of negligence or want of skill, except in one instance. Tbe seventh section of the complaint charged negligence and a lack of proper or ordinary skill as against Dr. <1. W. Bing, and in bis answer to that paragraph be admitted tbe charge. Defendant asked that he be allowed to amend and substitute a denial, as tbe admission was manifestly an inadvertence. The request was allowed, and tbe pleading accordingly amended. Plaintiff afterwards offered tbe originals of tbe section and the…
2Cases cited37 opinions
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- State v. MoxleySupreme Court of Missouri · 1890
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- State v. . BowmanSupreme Court of North Carolina · 1878
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3Cited by51 opinions
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- Nash v. . RoysterSupreme Court of North Carolina · 1925
- State v. PerrySupreme Court of North Carolina · 1969
- State v. BealSupreme Court of North Carolina · 1930
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