Branner v. Stormont
Supreme Court of Kansas
Error from Shawnee District Court. Branner sued Stormont & Bailey, physicians and surgeons, for alleged malpractice in the treatment of a broken leg. The action was tried at the June Term 1869, before T. R., judge pro tern., and a jury. The jury found for the defendants. New trial refused, and judgment on the verdict. Branner brings the case here by petition in error.
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Error from Shawnee District Court. Branner sued Stormont & Bailey, physicians and surgeons, for alleged malpractice in the treatment of a broken leg. The action was tried at the June Term 1869, before T. R., judge pro tern., and a jury. The jury found for the defendants. New trial refused, and judgment on the verdict. Branner brings the case here by petition in error. The facts, and the instructions given and refused, are sufficiently stated in the opinion. 1. The instruction asked by plaintiff, and refused, regarding the necessary skill, care and diligence to be possessed and used by…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action for • malpractice. The cause alleged was the unskillful and negligent treatment of a compound fracture of plaintiff’s leg. Verdict and judgment were for the defendants. None of the testimony is preserved, it being stated in the bill of exceptions simply that plaintiff offered testimony tending to prove the allegations of his petition, and the defendants’ testimony tending to disprove them. The case is before us therefore only upon the instructions, and as to them it nowhere appears that all that were given or refused are…
2Cases cited2 opinions
- Tefft v. WilcoxSupreme Court of Kansas · 1870
- McCarty v. BauerSupreme Court of Kansas · 1865
3Cited by8 opinions
- James v. GrigsbySupreme Court of Kansas · 1923
- Champion v. KiethSupreme Court of Oklahoma · 1906
- Paulich v. NippleSupreme Court of Kansas · 1919
- McIntosh v. Comm'rs of Crawford CountySupreme Court of Kansas · 1874
- Saylor v. BradySupreme Court of Kansas · 1923
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