Weller v. Plapao Laboratories Incorporation
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Geo. C. Hitchcock, Judge. (1) Where a party holds himself out as skilled in the treatment of an ailment, and undertakes to treat the ailment, he must use ordinary skill and knowledge required for the treatment of the ailment, and where he represents, an appliance as suitable for the treatment of an ailment, and it is unsuitable, he is liable if an injury results to a party who uses it in reliance on his representations and is…
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Appeal from St. Louis City Circuit Court. — Hon. Geo. C. Hitchcock, Judge. (1) Where a party holds himself out as skilled in the treatment of an ailment, and undertakes to treat the ailment, he must use ordinary skill and knowledge required for the treatment of the ailment, and where he represents, an appliance as suitable for the treatment of an ailment, and it is unsuitable, he is liable if an injury results to a party who uses it in reliance on his representations and is injured because it is unfit. Darks v. Scudder Gale Grocery Co., 146 Mo. App. 246; Bowles v. Wheeler, 163 Mo. 401. (2)…
1Opinion of the CourtBeynolds, P. J.
This is an action for damages claimed to have accrued to plaintiff on account of the death of her husband, A. J. Weller, who died from “locked bowels,” resulting from strangulated hernia.
The petition alleges that plaintiff is the widow of deceased; that he left no minor children and no personal representative; that he had brought no action-prior to his death on account of the injuries mentioned in the petition, and that he died intestate. It is then averred that defendant represented itself to decedent, who was then suffering from hernia, as skillful in the treatment of that affliction and as…
2Cases cited7 opinions
- Wheeler v. BowlesSupreme Court of Missouri · 1901
- Darks v. Scudder-Gale Grocer Co.Missouri Court of Appeals · 1910
- Vanhooser v. BerghoffSupreme Court of Missouri · 1886
- Reeves v. LutzMissouri Court of Appeals · 1913
- Ruth v. McPhersonMissouri Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Robert v. Rialto Building Co.Missouri Court of Appeals · 1917