Degnan v. Ransom
New York Supreme Court
Appeal from special term, Niagara county. Action by Bichard Degnan against Walter Bansom. From an order granting plaintiff’s motion for a new trial, after a verdict in favor of defendant at circuit, defendant appeals.
1Opinion of the CourtDwight, P. J.
The action was for malpractice of a surgeon. The complaint alleged negligence and unskillfulness on the part of the defendant in the treatment of the case. There was no allegation nor was evidence offered by the plaintiff to show, by general reputation or otherwise, that the defendant lacked the ordinary and competent skill which belongs to his profession. The allegations and proofs on the part of the plaintiff, so far as skill of the defendant was concerned, were confined to the question of the degree of skill employed in the actual treatment of the plaintiff’s case. But, when the defendant…
2Cases cited1 opinion
- Carpenter v. . BlakeNew York Court of Appeals · 1872
3Cited by1 opinion
- Hackler v. IngramCourt of Appeals of Texas · 1917