Palmer v. Humiston
Ohio Supreme Court
Error to the Circuit Court of Cuyahoga county. The plaintiff, Sarah V. Palmer, avers in substance in her petition that the defendant, William H. Humiston, was a physician and .surgeon in the city of Cleveland, county of Cuyahoga, state of Ohio; that she employed the defendant as such physician and surgeon to perform an abdominal operation to reduce a certain abdominal inflammation or remove certain internal organs as might be necessary to bring about the recovery of her…
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Error to the Circuit Court of Cuyahoga county. The plaintiff, Sarah V. Palmer, avers in substance in her petition that the defendant, William H. Humiston, was a physician and .surgeon in the city of Cleveland, county of Cuyahoga, state of Ohio; that she employed the defendant as such physician and surgeon to perform an abdominal operation to reduce a certain abdominal inflammation or remove certain internal organs as might be necessary to bring about the recovery of her health. She further says that the defendant accepted said employment and entered upon the discharge of his duties on or…
1Opinion of the CourtWanamaker, J.
The pivot of this case is in the particular pleadings, especially the defendant’s answer wherein he admits and avers that, “on or about said date, to-wit, September 23, 1907, he was employed by plaintiff and her husband as such 'physician and surgeon to perform a certain operation upon plaintiff; that afterward, on or about the 30th day of September, 1907, plaintiff was removed to a hospital in the city of Cleveland, for the purpose of performing said operation, and that thereafter, on or about the 1st day of October, 1907, said operation was by him performed; that in the performance of said…
2Cases cited16 opinions
- Akridge v. NobleSupreme Court of Georgia · 1902
- Menage v. RosenthalMassachusetts Supreme Judicial Court · 1900
- First National Bank v. Farmers & Merchants BankNebraska Supreme Court · 1898
- Paine v. SmithSupreme Court of Minnesota · 1885
- Smith v. StewartSupreme Court of Oklahoma · 1911
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