Edwards v. Lamb
Supreme Court of New Hampshire
Case, for negligence. The declaration alleged that the defendant, a physician and surgeon, was employed to treat the plaintiff’s husband for a wound which became an infectious sore; that the defendant knew‘the danger to the plaintiff of infection therefrom, but negligently informed her that there was no such danger, and on one occasion directed her to assist in dressing the wound; that she, in1 justifiable ignorance of the truth and relying upon his assurances, did so assist…
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Case, for negligence. The declaration alleged that the defendant, a physician and surgeon, was employed to treat the plaintiff’s husband for a wound which became an infectious sore; that the defendant knew‘the danger to the plaintiff of infection therefrom, but negligently informed her that there was no such danger, and on one occasion directed her to assist in dressing the wound; that she, in1 justifiable ignorance of the truth and relying upon his assurances, did so assist him, whereby she became infected with septic poison. The defendant demurred.
1Opinion of the CourtPeaslee, J.
The question presented is not one of breach of contract, and it is not necessary to consider how far the defend-' ant’s contractual duties extended. Nor is it necessary to decide whether, in the absence of any statement by the defendant, he would be liable. The case is one of positive action, not merely of failure to act.
The declaration alleges that the defendant informed the plaintiff that there was no danger of infection, and when he did this he voluntarily assumed certain obligations. The fact that his duty, as to her, was merely to advise and not to administer treatment, is immaterial.…
2Cases cited4 opinions
- Carpenter v. . BlakeNew York Court of Appeals · 1878
- Harriott v. PlimptonMassachusetts Supreme Judicial Court · 1896
- McNevins v. LoweIllinois Supreme Court · 1866
- Peck v. HutchinsonSupreme Court of Iowa · 1893
3Cited by29 opinions
- Bradshaw v. DanielTennessee Supreme Court · 1993
- Berner v. CaldwellSupreme Court of Alabama · 1989
- Gagne v. BertranCalifornia Supreme Court · 1954
- Meany v. MeanySupreme Court of Louisiana · 1994
- Duke v. HousenWyoming Supreme Court · 1979
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