Willard v. Norcross
Supreme Court of Vermont
Case for malpractice. Plea, tbe general -issue. Trial by jury at the March Term, 1907, Essex County, Taylor, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. , It was error to allow plaintiff’s expert to state whether the. use of horse liniment is good surgery; “Good surgery”'is not the standard by which to test defendant’s treatment.
Read the full summary
Case for malpractice. Plea, tbe general -issue. Trial by jury at the March Term, 1907, Essex County, Taylor, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. , It was error to allow plaintiff’s expert to state whether the. use of horse liniment is good surgery; “Good surgery”'is not the standard by which to test defendant’s treatment. Hathorn v. Richmond, 48 Vt. 557; Sills v. Brown, 9 Carr & Payne 601; Buxton v. Somerset Potters Works, 121 Mass. 446. The history of the injury from the time of the fracture to the time of the trial, the…
1Opinion of the CourtTyler, J.
The first question in issue was whether the plaintiff had suffered an impacted “Colie’s fracture” or a severe sprain, and another question followed it, namely, whether or not the defendant treated the ease with the skill required of a physician and surgeon. The plaintiff, claimed, and her evidence tended to show, that the injury consisted of a fracture of the radius, and that if it were only a sprain, the defendant treated it unskilfully. On the other hand the defendant claimed and his evidence tended to show that the injury was a sprain only, that his treatment of the case was skilful — that…
2Cases cited3 opinions
- Sheldon v. WrightSupreme Court of Vermont · 1907
- Hathorn v. RichmondSupreme Court of Vermont · 1876
- Mullin v. FlandersSupreme Court of Vermont · 1901
3Cited by6 opinions
- Ryder v. Vermont Last Block Co.Supreme Court of Vermont · 1917
- Malila v. MeachamOregon Supreme Court · 1949
- McBride v. HuckinsSupreme Court of New Hampshire · 1911
- Domina Ex Rel. Domina v. PrattSupreme Court of Vermont · 1940
- Parker v. BowenSupreme Court of Vermont · 1924
1 more not listed; retrieve them via the Exa API.