Rich v. Moore
Supreme Court of Iowa
Appeal from Henry District Court. — Hon. W. S. With-row, Judge. The plaintiff’s right hand was so severely injured in a feed-grinding mill as to make amputation of the fingers necessary. The operation was performed by the defendant ana another physician called by him. Thereafter, for some five or six days, the case was treated by the defendant, when another physician was called by the plaintiff; and the defendant, refusing to consult or act with him, surrendered the case.
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Appeal from Henry District Court. — Hon. W. S. With-row, Judge. The plaintiff’s right hand was so severely injured in a feed-grinding mill as to make amputation of the fingers necessary. The operation was performed by the defendant ana another physician called by him. Thereafter, for some five or six days, the case was treated by the defendant, when another physician was called by the plaintiff; and the defendant, refusing to consult or act with him, surrendered the case. Some eighteen days after the .injury it was deemed necessary to amputate plaintiff’s arm above the elbow, which was done.…
1Opinion of the CourtSherwin, J.
*821 2 *81The following is a part of on,e of the instructions given by the conrt: “To render the defendant li*82able, there must not only have been negligence on his part In
some manner as charged, without contributory negligence of plaintiff or others caring for him, but such negligence of plaintiff, if shown, must have been the proximate cause of the injury.” It is quite obvious to us that the court intended to say that “such negligence of defendant, if shown, must have been the proximate cause of the injury,” and that the term “plaintiff” was inadvertently used. As the instruction' reads, it is…
2Cases cited2 opinions
- Sherman v. Western Stage Co.Supreme Court of Iowa · 1868
- Neville v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1890
3Cited by4 opinions
- Flam v. LeeSupreme Court of Iowa · 1902
- Shelangowski v. SchrackSupreme Court of Iowa · 1913
- Markley v. Western Union Telegraph Co.Supreme Court of Iowa · 1911
- Atkins v. EllisSupreme Court of Iowa · 1902