Mullinax v. . Hord
Supreme Court of North Carolina
Civil action, tried before Cline, J., and a jury, at April Term, 1917,. of GrASTON. Plaintiff sued to recover damages for injuries to bis foot, alleged by Him to have, been caused by tbe defendant's want of attention and bis unskillfulness as a surgeon in treating and caring for it, after it bad been injured by a gunsbot wound.
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Civil action, tried before Cline, J., and a jury, at April Term, 1917,. of GrASTON. Plaintiff sued to recover damages for injuries to bis foot, alleged by Him to have, been caused by tbe defendant's want of attention and bis unskillfulness as a surgeon in treating and caring for it, after it bad been injured by a gunsbot wound. Tbe plaintiff complained as follows r 1. Tbat tbe defendant was, and is, a physician and surgeon, engaged in tbe practice of bis profession in tbe town of King’s Mountain, N. C. 2. On or about 24 December, 1907, plaintiff was accidentally shot, receiving a serious and…
1Opinion of the Court
Walker, J.,
after stating the case: We think that the complaint is sufficient to cover the several acts of negligence alleged against defendant. . If it was too general in form, and he wished to be apprised more particularly as to the negligent acts or omissions pn his part, he should have asked that the pleading be made more definite or certain, in order that he would not be misled in answering it. But this he failed to do. The requested instruction was, therefore, properly refused. The question excluded by the court had been substantially answered, but it was incompetent, as it called for…
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