Carpenter v. . Blake
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth department, affirming a judgment in favor of plaintiff entered upon a verdict. The action was brought against defendant, as a surgeon, for malpractice, in treating a dislocated elbow joint. Evidence was given upon the part of defendant tending to show he was reputed to be and was a skillful surgeon.
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Appeal from judgment of the General Term of the Supreme Court in the fourth department, affirming a judgment in favor of plaintiff entered upon a verdict. The action was brought against defendant, as a surgeon, for malpractice, in treating a dislocated elbow joint. Evidence was given upon the part of defendant tending to show he was reputed to be and was a skillful surgeon. The court charged in substance that it was entirely immaterial to the inquiry whether defendant, at the time he undertook the reduction of the dislocation, was or was not reputed to be, or was or was not a skillful…
1Opinion of the Court
Allen, J.,
reads opinion for reversal and new trial.
Eolger, Rapadlo and Andrews, JJ., concur upon the first ground discussed.
Peckham, J., reads opinion for affirmance. Church, Ch. J., and Grover, J., concur.
Judgment reversed.
2Cited by8 opinions
- Pike v. . HonsingerNew York Court of Appeals · 1898
- Shirley Karp, Individually, Etc. v. Denton A. Cooley and Domingo S. LiottaCourt of Appeals for the Fifth Circuit · 1974
- Smith v. London Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1905
- Rosen v. StateNew York Court of Claims · 1960
- Degnan v. RansomNew York Supreme Court · 1894
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