Wittenberg v. Onsgard
Supreme Court of Minnesota
Action in the district court for Houston county to recover $10,-000 damages for alleged malpractice as a physician. The case was tried before Whytock, J., and a jury, which rendered a verdict in favor of plaintiff for $1,500; and from an order denying a motion for a new trial, Kingsley, J., defendant appealed.
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Action in the district court for Houston county to recover $10,-000 damages for alleged malpractice as a physician. The case was tried before Whytock, J., and a jury, which rendered a verdict in favor of plaintiff for $1,500; and from an order denying a motion for a new trial, Kingsley, J., defendant appealed. The stipulation waiving trial by jury and the order thereon had the force of a contract, and could be set aside only for the same reasons that would avoid a contract. 1 Thompson, Tr. § 361; Bingham v. Board of Supervisors of Winona Co., 6 Minn. 82 (136), 8 Minn. 390 (441); Bogers v.…
1Opinion of the CourtMitchell, J.
This is an action against the defendant for malpractice as a physician while professionally treating the plaintiff for certain injuries which he had received by being thrown from a moving hand car. The allegations of the complaint as to the injuries which plaintiff had received were
“That by reason of said cause plaintiff was seriously injured in the neck, back, side, shoulders, and spine; and in particular the vertebra of the spinal column in the vicinity of the neck was dislocated by said injury.”
The malpractice charged against the defendant was that he
“So negligently and unskilfully…
2Cases cited3 opinions
- State v. BannockSupreme Court of Minnesota · 1893
- Bullock v. Consumers' Lumber Co.California Supreme Court · 1892
- McCarthy v. Missouri RailroadMissouri Court of Appeals · 1884
3Cited by30 opinions
- Alcorn v. DennisSupreme Court of Oklahoma · 1909
- State of Minnesota v. Antoine Rumel LittleSupreme Court of Minnesota · 2014
- People v. ReynoldsSupreme Court of Colorado · 1978
- Holton v. LankfordSupreme Court of Georgia · 1939
- Briggs v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1953
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