Sanderson v. Holland
Missouri Court of Appeals
Appeal from the Chariton Circuit Court. — How. GJ-. D. Burgess, Judge. • (1) All tbe instructions, given on bebalf of the plaintiff, ignore the issue of contributory negligence made by the pleadings, and are otherwise misleading. These instructions do not fairly present the law of the case. West v. Martin, 31 Mo. 375; Oeiselman v: Scott, 25 Ohio .Stat. 86; Stillson v. Railroad, 67 Mo. 671; Davis v. Spicer, 27 Mo.
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Appeal from the Chariton Circuit Court. — How. GJ-. D. Burgess, Judge. • (1) All tbe instructions, given on bebalf of the plaintiff, ignore the issue of contributory negligence made by the pleadings, and are otherwise misleading. These instructions do not fairly present the law of the case. West v. Martin, 31 Mo. 375; Oeiselman v: Scott, 25 Ohio .Stat. 86; Stillson v. Railroad, 67 Mo. 671; Davis v. Spicer, 27 Mo. App. 279. (2) Defendant’s fifth and sixth instructions should have been given. There is no allegation of incompetency in the oetition, and' plaintiff must recover in this case, if at…
1Opinion of the CourtGill, J.
This is a suit for damages, brought by the plaintiff, a little girl, six years old, against the defendant for malpractice, in setting and treating a broken arm. The girl’s arm was fractured at a point about two inches above the elbow, and the defendant Dr. Holland, a practicing physician, was called in to attend the injury. There is no question but that the little girl- has suffered severely, and unnecessarily, from a rather simple wound, by the carelessness, or want of skill, of somebody. By this suit it was charged on the attending physician, Dr. Holland, and at the trial in the circuit…
2Cases cited4 opinions
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Stillson v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
- Sauter v. New York Central & Hudson River RailroadNew York Court of Appeals · 1876
3Cited by9 opinions
- Love v. Park Lane Medical CenterSupreme Court of Missouri · 1987
- Beadle v. PaineOregon Supreme Court · 1905
- Carpenter v. McDavitt & CottinghamMissouri Court of Appeals · 1893
- Banks v. Wabash Western Railway Co.Missouri Court of Appeals · 1890
- Fleddermann v. St. Louis Transit Co.Missouri Court of Appeals · 1908
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