Legal Opinion

Ogg v. Robb

Supreme Court of Iowa

Decided April 6, 1917PublishedCited by 41 opinions

Appeal from Jasper District Court — K. E. Willcockson, Judge. As appellant states his claim, this is an action at law brought by plaintiff to recover damages for injuries caused by defendant’s negligence and malpractice as a physician and surgeon, and by his fraud and fraudulent deception therein in connection with electric rays, radio-exposures, and use of an X-ray machine and medical services therewith.

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Appeal from Jasper District Court — K. E. Willcockson, Judge. As appellant states his claim, this is an action at law brought by plaintiff to recover damages for injuries caused by defendant’s negligence and malpractice as a physician and surgeon, and by his fraud and fraudulent deception therein in connection with electric rays, radio-exposures, and use of an X-ray machine and medical services therewith. Plaintiff sued for $50,000. Defendant interposed a demurrer to the petition, which was sustained, and, plaintiff electing to stand upon his petition, judgment was rendered against him for…

1Opinion of the CourtPreston, J.

AciuoNs :°compeíioa°ntórts: wrong6'but °f ignorance of extent of flamage, effect of. It is alleged that plaintiff was born September 2, 1884, and became of age in 1905. He was injured about June, 1901; he was treated and burned bv defendant as hereinafter stated in July of that year; some time in 1908, defendant moved to Wisconsin, and became a nonresident of Iowa; some time in the year 1912, the tissues where plaintiff had been burned broke down, and became a malignant cancerous growth, necessitating the amputation of his arm; and it is alleged that this condition was first discovered in…

2Cases cited29 opinions

  1. WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
  2. District Township of Boomer v. FrenchSupreme Court of Iowa · 1875
  3. Gould v. PalmerSupreme Court of Georgia · 1895
  4. McKay v. McCarthySupreme Court of Iowa · 1909
  5. Gebhard v. SattlerSupreme Court of Iowa · 1874

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3Cited by41 opinions

  1. Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
  2. Pashley v. Pacific Electric Railway Co.California Supreme Court · 1944
  3. Schnebly Ex Rel. Schnebly v. BakerSupreme Court of Iowa · 1974
  4. Wyler v. TripiOhio Supreme Court · 1971
  5. Albert v. ShermanTennessee Supreme Court · 1934

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