Challis v. Lake
Supreme Court of New Hampshire
Casis, for personal injuries to Junietta Challis caused by the defendant’s lack of skill and by Ms negligence. Transferred from the April term, 1901, of the superior court by Young, J. By agreement the two actions were tried together, by a jury. Verdict for the plaintiffs, who are husband and wife. The defendant is a physician. The plaintiffs complain that when their child was born the defendant was unskillful and negligent in his treatment of Mrs. Challis.
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Casis, for personal injuries to Junietta Challis caused by the defendant’s lack of skill and by Ms negligence. Transferred from the April term, 1901, of the superior court by Young, J. By agreement the two actions were tried together, by a jury. Verdict for the plaintiffs, who are husband and wife. The defendant is a physician. The plaintiffs complain that when their child was born the defendant was unskillful and negligent in his treatment of Mrs. Challis. She was badly torn, and the question was how this wound should have been treated. There was evidence that the child was born May 23,…
1Opinion of the CourtWalker, J.
1. The hypothetical question addressed to the expert, Dr. Galvin, was unobjectionable. Upon an assumed statement of facts, suggested by the evidence, he was asked, in substance, what in his opinion ought reasonably to have been done by the attending physician; that is, what treatment a reasonably skillful physician would have adopted in such a case. The competency of the question is so apparent as to admit of no serious discussion. Spear v. Richardson, 37 N. H. 23, 24; Perkins v. Railroad, 44 N. H. 223; Wells v. Iron Co., 48 N. H. 491, 513, 540.
2. The defendant’s exception to the question…
2Cases cited8 opinions
- Gutterson v. MorseSupreme Court of New Hampshire · 1877
- State v. HinmanSupreme Court of New Hampshire · 1889
- Hersey v. HutchinsSupreme Court of New Hampshire · 1899
- Gage v. Censors of the N. H. Eclectic Medical SocietySupreme Court of New Hampshire · 1884
- Perkins v. TowleSupreme Court of New Hampshire · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Edwards v. UlandIndiana Supreme Court · 1923
- Taylor v. KiddWashington Supreme Court · 1913
- Johnson v. Director-General of RailroadsSupreme Court of New Hampshire · 1924
- Hansen v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1917
- Danos v. Manchester Coal & Ice Co.Supreme Court of New Hampshire · 1946
3 more not listed; retrieve them via the Exa API.