Loudon v. Scott
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Olive Loudon and Rachael Loudon, a minor, by Olive Loudon, her guardian ad litem, against Drs. M. J. Scott and Frederick J. Langdon. From a judgment for defendants, and an order denying a new trial, plaintiffs appeal.
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Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Olive Loudon and Rachael Loudon, a minor, by Olive Loudon, her guardian ad litem, against Drs. M. J. Scott and Frederick J. Langdon. From a judgment for defendants, and an order denying a new trial, plaintiffs appeal. The principles of law governing the conduct of a physician and surgeon and the care they must exercise in treating a patient are well established, and among those principles are the following: That the physician or surgeon, in treating a patient, must at least bring into use and use that degree of…
1Opinion of the CourtJustice Holloway
On July 18, 1914, Dr. M. J. Scott caused an anesthetic to be administered to Charles Loudon, preparatory to performing a surgical operation. Loudon died from the effects of the anesthetic before the operation was commenced, and this action was thereafter instituted to recover damages for malpractice. Issues were joined and- the cause was brought to trial. At the close of plaintiffs’ case the court granted a nonsuit, and ordered judgment dismissing the complaint. From that judgment, and from an order denying a new trial, plaintiffs appealed.
The surgeon is charged with negligence (1) in causing…
2Cases cited20 opinions
- Ewing v. GoodeU.S. Circuit Court for the District of Southern Ohio · 1897
- Pike v. . HonsingerNew York Court of Appeals · 1898
- Staloch v. HolmSupreme Court of Minnesota · 1907
- Escallier v. Great Northern Ry. Co.Montana Supreme Court · 1912
- Dye v. CorbinWest Virginia Supreme Court · 1906
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3Cited by60 opinions
- Slimak v. FosterSupreme Court of Connecticut · 1927
- Vonault v. O'RourkeMontana Supreme Court · 1934
- Hasemeier v. SmithSupreme Court of Missouri · 1962
- Stacy v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1934
- Wright v. ConwayWyoming Supreme Court · 1925
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