Napier v. Greenzweig
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. Action by George Greenzweig, an infant, by Bernard Greenzweig, his guardian ad litem, against Charles D. Napier. Judgment for plaintiff, and defendant brings error. The defendant in error, who was plaintiff below, will hereinafter be referred to as plaintiff. The plaintiff and his guardian ad litem are citizens of Russia and residents of the Eastern, district of New York.
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In Error to the District Court of the United States for the Eastern District of New York. Action by George Greenzweig, an infant, by Bernard Greenzweig, his guardian ad litem, against Charles D. Napier. Judgment for plaintiff, and defendant brings error. The defendant in error, who was plaintiff below, will hereinafter be referred to as plaintiff. The plaintiff and his guardian ad litem are citizens of Russia and residents of the Eastern, district of New York. The plaintiff in error, who was defendant below, will be hereinafter referred to as defendant, ánd is a citizen of the United States…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). This is an action for malpractice. It belongs to a class of cases comparatively rare, at least in appellate courts. But occasionally it happens that an attorney, or a physician, or a surgeon, is called upon in a judicial tribunal to defend himself against a charge of a want of skill or a want of care.
In this case the defendant is a surgeon. A surgeon is one who practices surgery, and in the Century Dictionary surgery is defined as:
“Therapy of a distinctly operative kind, such as cutting operations, the reduction and putting up of fractures and dislocations,…
2Cases cited24 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Pike v. . HonsingerNew York Court of Appeals · 1898
- Lincoln v. PowerSupreme Court of the United States · 1894
- Troxell v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
19 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- New York Life Ins. Co. v. DoerksenCourt of Appeals for the Tenth Circuit · 1935
- McKee v. LikinsSupreme Court of Minnesota · 1977
- Rodgers v. LawsonCourt of Appeals for the D.C. Circuit · 1948
- Nixon v. PfahlerSupreme Court of Pennsylvania · 1924
- Kuttroff v. United StatesCourt of Customs and Patent Appeals · 1925
9 more not listed; retrieve them via the Exa API.