Legal Opinion

Moratzky v. Wirth

Supreme Court of Minnesota

Decided December 28, 1896No. Nos. 10,180—(157)PublishedCited by 6 opinions

Appeal by plaintiff from an order of the district court for Ramsey county, Egan, J., denying a motion for a new trial.

1Opinion of the CourtStart, C. J.

The defendant is a physician, and this action is brought to recover damages which the plaintiff claims that she sustained by his malpractice while attending her as her physician. At the close of the plaintiff’s case, the trial court dismissed the action, and she appealed from an order denying her motion for a new trial.

We have reached the conclusion, after a careful consideration of the evidence, that the case should have been submitted to the jury. As there must be a new trial, we deem it advisable to refrain from any extended discussion of the evidence, lest we may thereby prejudice the…

2Cited by6 opinions

  1. Baxter v. SnowUtah Supreme Court · 1931
  2. Sweeney v. ErvingDistrict of Columbia Court of Appeals · 1910
  3. Jensen v. LinnerSupreme Court of Minnesota · 1961
  4. Moratzky v. WirthSupreme Court of Minnesota · 1898
  5. Johnson v. ArndtSupreme Court of Minnesota · 1932

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