Pearl v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by reason of the alleged negligence of Dr. Rufus P. Hubbard, who, as the plaintiff contended, was employed by the defendant to make a physical examination of the plaintiff for the benefit and information of the defendant. , Trial in the Superior Court, before Bell, J., who, at the close of the evidence for the plaintiff, directed the jury to return a verdict for the defendant, and, at the request of the plaintiff,…
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Tort, for personal injuries occasioned to the plaintiff by reason of the alleged negligence of Dr. Rufus P. Hubbard, who, as the plaintiff contended, was employed by the defendant to make a physical examination of the plaintiff for the benefit and information of the defendant. , Trial in the Superior Court, before Bell, J., who, at the close of the evidence for the plaintiff, directed the jury to return a verdict for the defendant, and, at the request of the plaintiff, reported the case for the determination of this court. If the ruling was wrong, a new trial was to be granted ; otherwise…
1Opinion of the CourtHolmes, C. J.
This is an action seeking to charge the defendant with the alleged results of a doctor’s examination of the plaintiff. The plaintiff had had an accident and had sued the defendant, whereupon the defendant forthwith sent a doctor to examine him. The plaintiff’s trouble was in his left leg, and the doctor, after directing him to stand upon his right leg, told him to stand upon his left leg. The plaintiff said that he could not, and his own doctor also said that he could not bear his weight upon that leg. The examining doctor then told the plaintiff to “ try standing on his left leg.” The…
2Cases cited2 opinions
- McAvoy v. WrightMassachusetts Supreme Judicial Court · 1884
- Shattuck v. BillMassachusetts Supreme Judicial Court · 1886
3Cited by21 opinions
- Kelley v. RossiMassachusetts Supreme Judicial Court · 1985
- Patricia Franza v. Royal Caribbean Cruises, Ltd.Court of Appeals for the Eleventh Circuit · 2014
- McMurdo v. GetterMassachusetts Supreme Judicial Court · 1937
- American Medical Ass'n v. United StatesCourt of Appeals for the D.C. Circuit · 1942
- Tompkins v. Pacific Mutual Life InsuranceWest Virginia Supreme Court · 1903
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