Robinson v. Crotwell
Supreme Court of Alabama
Appear from Bessemer City Court. Heard before Hob. J. C. B. Gwin. Action by William T. Orotwell against Thomas F. Robinson for malpractice. From a judgment for plaintiff, defendant appeals.
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Appear from Bessemer City Court. Heard before Hob. J. C. B. Gwin. Action by William T. Orotwell against Thomas F. Robinson for malpractice. From a judgment for plaintiff, defendant appeals. The counts referred to in the complaint as having gone to the jury are as follows: “(3) The plaintiff claims of the defendant $50,000 damages, for that heretofore, to-wit, in March, 1909, defendant held himself out as a surgeon, and as such undertook for hire and reward to perform a particular operation upon the plaintiff, and by means of the confidence engendered by said operation, and defendant’s…
1Opinion of the CourtSayre, J.
For some years plaintiff had been .treated by the defendant and other medical men for tic douloureaux, an exceedingly painful disease of the nerve which supplies the face Avith sensation. In keeping Avith the general, if' not universal experience, medicaments had been of no avail. Defendant, Avho kept a.hospital, advised an operation, and, after consulting Avith. plaintiff, procured his brother, who made a specialty of surgical cases, to perform the operation for a compensation agreed upon, and to be paid by the plaintiff. Doctor E. M. Robinson, defendant’s brother, Avas not interested in the…
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