Detwiler v. Bowers
Superior Court of Pennsylvania
Appeal, No. 167, Oct. T., 1897, by defendant, from judgment of C. P. Lancaster Co., Nov. T., 1895, No. 29, on verdict for plaintiff. Appeal from judgment of justice in favor of plaintiff.
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Appeal, No. 167, Oct. T., 1897, by defendant, from judgment of C. P. Lancaster Co., Nov. T., 1895, No. 29, on verdict for plaintiff. Appeal from judgment of justice in favor of plaintiff. Before Brubaker, J. It appears from the record and evidence that this suit was brought to recover the sum of $65.00 where a surgical operation was performed on the defendant’s minor child without his consent, but at the instance and request of the mother, as will more particularly appear by reference to the opinion of the court. The defendant being on the stand, his counsel made the following offers, which…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff, a physician and surgeon in the city of Lancaster, was consulted by the wife of the defendant in regard to the removal of a malignant, cancerous growth on the neck of her iive-year-old daughter. At that time the defendant, a day laborer in a tobacco warehouse, was living, with his wife, in the same city, and there is nothing in the case to indicate that he had not faithfully discharged all the duties of an affectionate father to this child, who had been examined by five resident surgeons of good repute, each and all of whom diagnosed the disease as recurrent…
2Cases cited5 opinions
- Estate of WaeschSupreme Court of Pennsylvania · 1895
- Moore v. CopleySupreme Court of Pennsylvania · 1895
- Parke v. Kleeber & BrotherSupreme Court of Pennsylvania · 1860
- Mohney v. EvansSupreme Court of Pennsylvania · 1865
- Roll v. DavisonSupreme Court of Pennsylvania · 1895
3Cited by3 opinions
- Magaro v. Metropolitan Edison Co.Superior Court of Pennsylvania · 1937
- Commonwealth v. CummerickMercer County Court of Quarter Sessions · 1949
- Ford's EstatePennsylvania Orphans' Court, Philadelphia County · 1925