Wheeler v. Bowles
Supreme Court of Missouri
Appeal from Maries Circuit Court. — Hon. G. T). Corum, Special Judge. (1) Carpenter v. McDavitt, 53 Mo. App. 393, is identical with the case at bar, and for the reasons in that opinion, this case ought to be reversed, because of failure of court to properly instruct the jury as to the rule by which to assess damage. Commencing at-page 402, the opinion settles this case. See cases in opinion cited.
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Appeal from Maries Circuit Court. — Hon. G. T). Corum, Special Judge. (1) Carpenter v. McDavitt, 53 Mo. App. 393, is identical with the case at bar, and for the reasons in that opinion, this case ought to be reversed, because of failure of court to properly instruct the jury as to the rule by which to assess damage. Commencing at-page 402, the opinion settles this case. See cases in opinion cited. Chamberton v. Porter, 9 Minn. 260; Teft v. Wilcox, 6 Kan. 46; Curtis v. Eailroad, 20 Barb. 291; Sanderson v. Holland, 39 Mo. App. 233; Bussell v. Columbia, 74 Mo. 480; Goss v. Eailroad, 50 Mo. App.…
1Opinion of the CourtGantt, J.
This is an action for damages alleged to have been caused by the malpractice of defendant, who was and is a physician.
The petition in substance states that on the seventeenth day of February, 1896, the plaintiff, who is a married woman, by accident had a fall which dislocated her right shoulder; that at that time the defendant was engaged in the practice of medicine and surgery in Maries county in this State and held himself out to the community in which he and plaintiff resided as skilled in his said profession; that on the day and date of the fall and injury aforesaid to plaintiff,…
2Cases cited3 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Haymaker & Crookshanks v. Adams & SonMissouri Court of Appeals · 1895
- Carpenter v. McDavitt & CottinghamMissouri Court of Appeals · 1893
3Cited by29 opinions
- Brunk v. Hamilton-Brown Shoe Co.Supreme Court of Missouri · 1933
- Jablonowski v. Modern Cap Manufacturing Co.Supreme Court of Missouri · 1925
- Goldstein v. FendelmanSupreme Court of Missouri · 1960
- Longan v. WeltmerSupreme Court of Missouri · 1904
- Grainger v. StillSupreme Court of Missouri · 1905
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