Carpenter v. Blake
New York Supreme Court
APPEAL by the defendant from a judgment entered upon the verdict of a jury. The action was brought to recover damages for the alleged negligence and malpractice of the defendant, as a physician and surgeon, in the setting and treatment of a dislocated arm of the plaintiff. The jury rendered a verdict in favor of the plaintiff for saring in evidence, and the legal exceptions taken at the trial, are le opinion of the court. ■
1Opinion of the Court
By the Court, Mullin, P. J.
On the 28th of June, 1866, the plaintiff was thrown from a horse she was riding, in the village of Dansville, in Livingston county, and her elbow joint was dislocated. The defendant was a practicing physician and surgeon, residing in Dansville, and was called to set the limb. The plaintiff insists that the bones were never restored to their places, or if they were, that proper measures were not taken to keep them there, and that the result is that the joint has become stiff, and the arm almost useless.
There was a verdict in favor of the plaintiff, on which judgment…
2Cases cited1 opinion
- Bellinger v. CraigueNew York Supreme Court · 1860
3Cited by16 opinions
- Pike v. . HonsingerNew York Court of Appeals · 1898
- Mallett v. PirkeySupreme Court of Colorado · 1970
- Funk v. BonhamIndiana Supreme Court · 1932
- Allen v. VojeWisconsin Supreme Court · 1902
- Owens v. McClearySupreme Court of Missouri · 1926
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