Legal Opinion

Stone v. Evans

Supreme Court of Minnesota

Decided June 30, 1884PublishedCited by 4 opinions

Plaintiff brought this action in the district court for Stearns county* to recover the value of his services as a physician, rendered in attendance upon defendant’s wife. The answer denied the value of the services, and pleaded a counterclaim for damages arising from plaintiff’s malpractice and negligence. The action was tried before Collins, J., and a jury, and plaintiff had a verdict. Defendant appeals from an order refusing a new trial.

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Plaintiff brought this action in the district court for Stearns county* to recover the value of his services as a physician, rendered in attendance upon defendant’s wife. The answer denied the value of the services, and pleaded a counterclaim for damages arising from plaintiff’s malpractice and negligence. The action was tried before Collins, J., and a jury, and plaintiff had a verdict. Defendant appeals from an order refusing a new trial. Plaintiff in rebuttal, after the defendant rested, introduced in evidence the depositions of a large number of witnesses, taken in Chicago, Illinois,…

1Opinion of the Court

Vanderburgh, J.1

1. The material question of fact, litigated and submitted to the jury in this case, was whether a mistake in the preparation of a physician’s prescription was the fault or mistake of the plaintiff who ordered it, or the druggist’s clerk who prepared it; that is to say, whether the plaintiff did, as he insists, order the clerk to put in a bottle, furnished by plaintiff, “a two-grain solution of sul*245phate of atropia,” a poisonous and dangerous drug, or whether, as •the clerk clearly testifies, “he [plaintiff] took a small phial out of his hyperdermie case, and told me to put up…

2Cases cited3 opinions

  1. Hyatt v. AdamsMichigan Supreme Court · 1867
  2. Wilson v. Northern Pacific RailroadSupreme Court of Minnesota · 1879
  3. State v. JohnsonSupreme Court of Minnesota · 1877

3Cited by4 opinions

  1. Hendrickson v. AshSupreme Court of Minnesota · 1906
  2. Krueger v. City of FaribaultSupreme Court of Minnesota · 1945
  3. Lamont v. LamontSupreme Court of Minnesota · 1915
  4. Gosa v. Southern Ry.Supreme Court of South Carolina · 1903

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