Legal Opinion

Viita v. Fleming

Supreme Court of Minnesota

Decided January 21, 1916No. Nos. 19,598—(193)PublishedCited by 52 opinions

Action in the district court for Carlton county against William G-. Dolan and James Fleming, copartners doing business as Dolan & Fleming and as Cloquet Hospital, to recover $15,000 for malpractice. The case was tried before Dancer, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $2,000 against defendant Fleming.

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Action in the district court for Carlton county against William G-. Dolan and James Fleming, copartners doing business as Dolan & Fleming and as Cloquet Hospital, to recover $15,000 for malpractice. The case was tried before Dancer, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $2,000 against defendant Fleming. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendant Fleming appealed.

1Opinion of the CourtBunn, J.

Defendants were partners as physicians and surgeons at Cloquet, Minnesota. Plaintiff- claims that defendant Dolan, who died after this action was commenced, was guilty of negligence and want of skill in his treatment of an injury received by plaintiff. The trial resulted in a verdict of $2,000 against defendant Fleming, who appeals from an order denying his motion in the alternative for judgment notwithstanding the verdict or a new trial.

*130It is contended that the verdict is not justified by the evidence. The various grounds for this contention will be noticed later. The facts axe not much in…

2Cases cited17 opinions

  1. Pike v. . HonsingerNew York Court of Appeals · 1898
  2. Staloch v. HolmSupreme Court of Minnesota · 1907
  3. Small v. HowardMassachusetts Supreme Judicial Court · 1880
  4. Dubois v. . DeckerNew York Court of Appeals · 1891
  5. Getchell v. HillSupreme Court of Minnesota · 1875

12 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. Brune v. BelinkoffMassachusetts Supreme Judicial Court · 1968
  2. Sinz v. OwensCalifornia Supreme Court · 1949
  3. Christy v. SalitermanSupreme Court of Minnesota · 1970
  4. Ash v. MortensenCalifornia Supreme Court · 1944
  5. Hodgson v. BigelowSupreme Court of Pennsylvania · 1939

47 more not listed; retrieve them via the Exa API.

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