Williams v. Poppleton
Multnomah County Circuit Court, Oregon
This is an action for malpractice. The complaint charged negligence and want of care and shill, on the part of the defendant'as a physician and surgeon, in the treatment of the plaintiff, for an injury the plaintiff had received at his ankle joint. The plaintiff claimed $20,000 damages. ■ The answer denied negligence, want of skill and care, and alleged that defendant treated the plaintiff for the alleged injury with care, skill and diligence.
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This is an action for malpractice. The complaint charged negligence and want of care and shill, on the part of the defendant'as a physician and surgeon, in the treatment of the plaintiff, for an injury the plaintiff had received at his ankle joint. The plaintiff claimed $20,000 damages. ■ The answer denied negligence, want of skill and care, and alleged that defendant treated the plaintiff for the alleged injury with care, skill and diligence. The answer alleged that when the defendant undertook the treatment, the plaintiff was suffering from “an almost fatal injury; that plaintiff’s leg had…
1Opinion of the CourtUpton, J.
instructed the jury as follows:
Gentlemen of the Jury: In this case I am required to reduce the charge to writing, and will proceed to read to you such instructions as to the law, as seem necessary to a proper determination of the case.
It is a rule of law that any material fact stated in the complaint and not denied in the answer is admitted by the defendant, and any such fact stated in the answer and not denied by the replication is admitted by the plaintiff to be true. In regard to facts so admitted in the pleadings, neither party is at liberty on the trial to gainsay or contradict.
It is the…
2Cited by24 opinions
- Staloch v. HolmSupreme Court of Minnesota · 1907
- Lince v. MonsonMichigan Supreme Court · 1961
- Delahunt v. FintonMichigan Supreme Court · 1928
- Eckleberry v. Kaiser Foundation Northern HospitalsOregon Supreme Court · 1961
- Grainger v. StillSupreme Court of Missouri · 1905
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