Legal Opinion

Albers v. Wilson

Appellate Division of the Supreme Court of the State of New York

Decided July 6, 1922Published

Appeal by the defendant, Charles S.- Wilson, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 16th day of September, 1921, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 3d day of October, 1921, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

H. T. Kellogg, J.:

The plaintiff was a sufferer from a chronic affection of the skin. The defendant, who was her physician, on several occasions applied *776the X-ray to her elbows, wrists and back. The plaintiff thereafter brought this action to recover for injuries alleged to have resulted from the unskillfulness and negligence of the defendant in making such applications. The action was tried before a jury with the result that the plaintiff secured a verdict for a substantial amount. The defendant has appealed, and now urges that certain errors of law were committed at the trial which…

2Cases cited3 opinions

  1. Alberti v. N. Y., Lake Erie & Western RailroadNew York Court of Appeals · 1889
  2. Marquardt v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1908
  3. Powers v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905

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