Dubois v. . Decker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made March 16, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The denial of the motion for a nonsuit was error.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made March 16, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The denial of the motion for a nonsuit was error. The entire evidence has been incorporated in the case on appeal, and taken altogether it was insufficient to justify the submission of the cause to the jury, or to sustain the verdict. (Whart. on Neg. §§ 733, 737; S. & R. on Reg. §§ 434, 435, 437,…
1Opinion of the CourtHaight, J.
This action was brought to recover damages of the defendant a physician and surgeon, for alleged malpractice suffered by the plaintiff whilst undergoing treatment as a patient.
On the 1st day of December, 1889, the plaintiff undertook to jump onto an engine of the Ulster and Delaware railroad, in the city of Kingston, and in doing so slipped, and his left foot was caught by the tender, and a portion thereof crushed. Being destitute he was taken to the city alms-house, where he was treated by the defendant, who was one of the city physicians having the care of the patients therein, and who was…
2Cases cited2 opinions
- Carpenter v. . BlakeNew York Court of Appeals · 1878
- McNevins v. LoweIllinois Supreme Court · 1866
3Cited by49 opinions
- Bratt v. International Business MacHines Corp.Massachusetts Supreme Judicial Court · 1984
- Nash v. . RoysterSupreme Court of North Carolina · 1925
- Schrempf v. StateNew York Court of Appeals · 1985
- Staloch v. HolmSupreme Court of Minnesota · 1907
- Bell v. New York City Health & Hospital Corp.Appellate Division of the Supreme Court of the State of New York · 1982
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