Carpenter v. Walker
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before I-Ion. W. W. Haralson. • Action by Frank Walker, by next friend, against Allen Carpenter, for malpractice.
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Appeal from Marshall Circuit Court. Heard before I-Ion. W. W. Haralson. • Action by Frank Walker, by next friend, against Allen Carpenter, for malpractice. Judgment for plain-. tiff, and defendant appeals, The first count alleged the employment of Carpenter by plaintiff’s father, James G. Walker, at the request of the plaintiff, to examine, heal, properly set, and adjust plaintiff’s arm for a fracture, wound, or injury, for a reward to be paid by James G. Walker, and the acceptance of defendant, and an entering upon the employment, and then alleged that the defendant conducted himself in an…
1Opinion of the Court
MAYFIELD, J.-
Appellee, an infant, by his next friend sued appellant, a physician, for malpractice in treating and setting a broken arm for the plaintiff, alleging that in consequence of appellant’s negligence in the matter the plaintiff lost his arm, and suffered much pain and anguish. The defendant filed a plea in abatement, setting up that the action was ex contractu, and that defendant was a resident of Madson county, and not of Marshall, in which suit was brought. A demurrer was interposed and sustained to his plea, and properly, because the action is in tort and not in contract. The…
2Cases cited6 opinions
- Nelson v. HarringtonWisconsin Supreme Court · 1888
- Louisville & Nashville Railroad v. StewartSupreme Court of Alabama · 1900
- McDonald v. HarrisSupreme Court of Alabama · 1901
- White v. LevySupreme Court of Alabama · 1890
- Shelton v. HacelipSupreme Court of Alabama · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- White v. StateSupreme Court of Alabama · 1975
- Knowles v. BlueSupreme Court of Alabama · 1923
- Robinson v. CrotwellSupreme Court of Alabama · 1911
- Sellers v. NoahSupreme Court of Alabama · 1923
- Trimming v. HowardIdaho Supreme Court · 1932
22 more not listed; retrieve them via the Exa API.