Wilkins' Admr. v. Brock
Supreme Court of Vermont
Case and Trespass against physicians for malpractice. The defendant Bosselle defaulted. 'The defendant Brock pleaded the general issue. Trial by jury at the March Term, 1907, Chittenden County, Hall, J., presiding.
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Case and Trespass against physicians for malpractice. The defendant Bosselle defaulted. 'The defendant Brock pleaded the general issue. Trial by jury at the March Term, 1907, Chittenden County, Hall, J., presiding. At the close of all the evidence the count iú trespass was ruled out, there being no evidence to support it; and defendant Brock moved for a directed verdict in his favor, for that there was no evidence that the intestate received other than the “usual treatment given by osteopaths in the circumstances mentioned in the declaration and detailed in the evidence.” Motion overruled, to…
1Opinion of the CourtRowell, C. J.
This is an action for malpractice as physicians. The declaration contains a count in trespass for assault and battery, and two counts in case. At the close of all the testimony, the count in trespass was ruled out, there being no evidence to support it, and the case submitted only on the other counts.
The defendant Rosselle let judgment go by default. The defendant Brock pleaded not guilty, and the issue was tried by jury and found for the plaintiff, and damages assessed against the defendants jointly by direction of the court, the defendant Rosselle not appearing. To this the defendant Brock…
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