Legal Opinion

Matuschka v. Murphy

Wisconsin Supreme Court

Decided March 8, 1921PublishedCited by 33 opinions

Appeal from a judgment of the circuit court for Milwaukee county: Gustave G. Gehrz, Circuit Judge. The defendant W. B. Murphy was a dentist in the practice of his profession at Milwaukee and had been such for a number of years prior to December 1, 1918. The defendant Stromberg had been in his employ for about a year and a half prior to that date, at which time he was in charge of his office, the defendant Murphy being on his vacation.

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Appeal from a judgment of the circuit court for Milwaukee county: Gustave G. Gehrz, Circuit Judge. The defendant W. B. Murphy was a dentist in the practice of his profession at Milwaukee and had been such for a number of years prior to December 1, 1918. The defendant Stromberg had been in his employ for about a year and a half prior to that date, at which time he was in charge of his office, the defendant Murphy being on his vacation. On Saturday, November 30th, the plaintiff, who was then suffering with a previously developed toothache, called at the office for dental advice and services.…

1Opinion of the Court

The following opinion was filed January 11, 1921:

Owen, J.

The jury found, in response to question 1 of the special verdict, that Dr. Stromberg, in his treatment and care of the plaintiff, failed to use such reasonable care and skill as was ordinarily possessed and exercised by dentists in good standing, of the same system or school of practice, in the city of Milwaukee in November and forepart of December, 1918. Fault is found with this question because it did not disclose the respect in which the jury found that Dr. Stromberg failed in the use of reasonable care and skill. Upon the trial it…

2Cases cited4 opinions

  1. Klein v. BeetenWisconsin Supreme Court · 1919
  2. Musbach v. Wisconsin Chair Co.Wisconsin Supreme Court · 1900
  3. Quass v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1919
  4. Kadolph v. Town of HermanWisconsin Supreme Court · 1918

3Cited by33 opinions

  1. Germann v. MatrissSupreme Court of New Jersey · 1970
  2. Ramberg v. MorganSupreme Court of Iowa · 1928
  3. Barker v. HeaneyCourt of Appeals of Texas · 1935
  4. Guderyon v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1942
  5. Lohr v. WatsonSouth Dakota Supreme Court · 1942

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