Wilmot v. Howard
Supreme Court of Vermont
This was an action on the case against the defendant for damages occasioned to the plaintiff by the want of skill of the defendant as a surgeon, in setting the plaintiff’s arm, and for negligence and inattention to the same after it was set. Plea, the general issue, and trial by jury, June Term, 1866. The plaintiff is the minor son of the next friend, Daniel C. Wilmot, and was, at the time of the injury complained of, about seven years of age, and resided with his father.
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This was an action on the case against the defendant for damages occasioned to the plaintiff by the want of skill of the defendant as a surgeon, in setting the plaintiff’s arm, and for negligence and inattention to the same after it was set. Plea, the general issue, and trial by jury, June Term, 1866. The plaintiff is the minor son of the next friend, Daniel C. Wilmot, and was, at the time of the injury complained of, about seven years of age, and resided with his father. Tbe counsel for tbe plaintiff introduced evidence tending to show, that about the 9th of June, 1863, the plaintiff fell…
1Opinion of the Court
The opinion of the court was delivered by
Baihiett, J.
In this action the plaintiff 'claims to recover damages for injury sustained by reason of the unskillful and negligent manner in which the defendant dressed, treated and attended the plaintiff’s fractured arm.
A question is made as to the instructions given to the jury touching certain sayings of the plaintiff’s father. Those sayings had been treated by counsel on both sides, in the argument to the jury, as bearing only on the credit of said father as a witness testifying for the plaintiff to material facts in the case. The court, in the…
2Cases cited4 opinions
- Robinson v. ConeSupreme Court of Vermont · 1850
- Vaughan v. PorterSupreme Court of Vermont · 1844
- Cady v. OwenSupreme Court of Vermont · 1861
- Douglas v. ChapinSupreme Court of Connecticut · 1857
3Cited by18 opinions
- Small v. HowardMassachusetts Supreme Judicial Court · 1880
- Carpenter v. . BlakeNew York Court of Appeals · 1878
- Jenkins v. Charleston General Hospital & Training SchoolWest Virginia Supreme Court · 1922
- Brown v. MarshallMichigan Supreme Court · 1882
- Whitesell v. HillSupreme Court of Iowa · 1897
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