Yaggle v. Allen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles S. Allen and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 24th day of March, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of March, 1897, as amended by an order entered in said clerk’s office on the 3d day of April, 1897, denying the defendants’ motion for a new trial made upon the minutes,…
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Appeal by the defendants, Charles S. Allen and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 24th day of March, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of March, 1897, as amended by an order entered in said clerk’s office on the 3d day of April, 1897, denying the defendants’ motion for a new trial made upon the minutes, and also from the said order entered on the 3d day of April, 1897, modifying the first-mentioned order. The defendants…
1Opinion of the Court
Herrick, J.:
There were only three persons other than the deceased present at the time of the administration of the chloroform to, and the performance of the operation upon, the deceased — Sebastian Yaggle, his son, and the two defendants. Sebastian and the defendants are in direct conflict in regard to the amount of chloroform used, the manner of its administration, and several other details, which are relied upon by the respondent as evidence of the negligent and unskillful manner in which the defendants conducted the operation.
In the view that has been taken of the case by this court it is…
2Cases cited1 opinion
- Hanrahan v. Brooklyn Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by7 opinions
- Ramberg v. MorganSupreme Court of Iowa · 1928
- Barker v. HeaneyCourt of Appeals of Texas · 1935
- Floyd v. MichieCourt of Appeals of Texas · 1928
- Huscher v. New York & Queens Electric Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Meehan v. StateNew York Court of Claims · 1978
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