Legal Opinion
Moore v. Ivey
Texas Commission of Appeals
Decided November 18, 1925No. 690-4243PublishedCited by 128 opinions
1Opinion of the Court
Statement of the Case.
NICKELS, J.
Mrs. Ivey (et vir) sued Dr. Moore for alleged malpractice in, and in connection with, an operation. The negligence averred and recovered upon was that Dr. Moore had improperly left a piece of gauze (called a “sponge”) in the incision. The damages were laid at $25,000, and the jury awarded $8,750.
In the trial court and in the Court of Civil Appeals (264 S. W. 283) Dr. Moore questioned the sufficiency of the evidence to present an issue of negligence, and supported his position with substantial reason. The trial court declined a peremptory instruction in his…
2Cases cited7 opinions
- Houston & Texas Central Railroad v. GrayTexas Supreme Court · 1912
- Southern Traction Co. v. WilsonTexas Commission of Appeals · 1923
- Pecos & Northern Texas Railway Co. v. CoxTexas Supreme Court · 1912
- Hines v. ParryTexas Commission of Appeals · 1922
- San Antonio Traction Co. v. CassanovaCourt of Appeals of Texas · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by128 opinions
- City of Houston v. QuinonesTexas Supreme Court · 1944
- Bell v. BlackwellTexas Commission of Appeals · 1926
- Trousdale v. Texas & New Orleans Railroad Co.Texas Supreme Court · 1955
- Casstevens v. Texas & Pacific Railway Co.Texas Supreme Court · 1930
- Bradshaw v. AbramsTexas Commission of Appeals · 1930
123 more not listed; retrieve them via the Exa API.