Legal Opinion

Degelau v. Wight

Supreme Court of Iowa

Decided May 15, 1901PublishedCited by 12 opinions

Appeal from Chickasaw District Court. — Hon. L. E. Fellows, Judge Defendants are physicians and surgeons practicing their profession as co-partners. This action is brought to recover damages for the negligent and unskillful treatment by them of the plaintiff’s wife, whose death, it is alleged, was caused thereby. At the close of plaintiff’s case the court sustained a motion to direct a verdict for defendants.

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Appeal from Chickasaw District Court. — Hon. L. E. Fellows, Judge Defendants are physicians and surgeons practicing their profession as co-partners. This action is brought to recover damages for the negligent and unskillful treatment by them of the plaintiff’s wife, whose death, it is alleged, was caused thereby. At the close of plaintiff’s case the court sustained a motion to direct a verdict for defendants. Such a verdict was returned, and from the judgment rendered' thereon plaintiff appeals.

1Opinion of the CourtWaterman, J.

1 Frieda Degelau, the intestate, was the wife of plaintiff. In March, 1898, she consulted defendants professionally, and, on their advice, submitted to the operation of curettage of the uterus, which we understand to be the scraping of the membrane of that organ with an instrument called a “curette,” in order' to' remove cysts, granulations, or foreign matter. The operation was performed by the two defendants, and very shortly after it the patient died. The grounds of the motion for a verdict were that there was no evidence tending to show that defendants were negligent in doing any act…

2Cases cited4 opinions

  1. Brownfield v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1899
  2. State v. PorterSupreme Court of Iowa · 1871
  3. Meadows v. Hawkeye Ins.Supreme Court of Iowa · 1885
  4. McLeod v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1897

3Cited by12 opinions

  1. Ney v. Eastern Iowa Telephone Co.Supreme Court of Iowa · 1913
  2. Hebert Ex Rel. Hebert v. AllenSupreme Court of Iowa · 1950
  3. Bartholomew Ex Rel. Linn v. ButtsSupreme Court of Iowa · 1942
  4. Tibbitts v. Mason City & Ft. Dodge R. R.Supreme Court of Iowa · 1908
  5. James v. FairallSupreme Court of Iowa · 1912

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