Carey v. Mercer
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have resulted from negligent treatment of the plaintiff by the defendant, a physician and surgeon. Writ dated October 8, 1917. In the Superior Court, the action was tried before N. P. Brown, J. Material evidence, requests and instructions asked for by the defendant and instructions given by the trial judge are described in the opinion. The jury found for the plaintiff in the sum of S3,000; and the defendant alleged exceptions.
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Tort for personal injuries alleged to have resulted from negligent treatment of the plaintiff by the defendant, a physician and surgeon. Writ dated October 8, 1917. In the Superior Court, the action was tried before N. P. Brown, J. Material evidence, requests and instructions asked for by the defendant and instructions given by the trial judge are described in the opinion. The jury found for the plaintiff in the sum of S3,000; and the defendant alleged exceptions. The case was submitted on briefs.
1Opinion of the CourtCarroll, J.
The plaintiff suffered a “fracture of the bone of the upper tibia at the knee joint.” The defendant, a physician, was called to attend him and, it is alleged, failed to treat the patient with proper care and skill. The jury found for the plaintiff.
The evidence was conflicting on the question of the defendant’s negligence. The plaintiff’s evidence tended to show “among, other acts of negligence,” that the defendant was negligent in failing to have an X-ray photograph of the plaintiff’s leg taken, which photograph, it was claimed, would have disclosed a fracture at the knee joint. There was…
2Cases cited2 opinions
- Tucker v. StetsonMassachusetts Supreme Judicial Court · 1919
- Morse, Williams, & Co. v. EllisMassachusetts Supreme Judicial Court · 1899
3Cited by12 opinions
- Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Bouffard v. CanbyMassachusetts Supreme Judicial Court · 1935
- Chubb v. HolmesSupreme Court of Connecticut · 1930
- Ernen v.CrofwellMassachusetts Supreme Judicial Court · 1930
- Whipple v. GrandchampMassachusetts Supreme Judicial Court · 1927
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