Tate v. Tyzzer
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon, Kent Koerner, Judge. (1) The court erred in overruling both demurrers to the evidence, (a) The only evidence tending to show that a sponge was found in Mrs. Tate’s abdomen was so exceedingly weak, was given in such a vacillating manner, and under circumstances which showed clearly that the witness either did not know what he was talking about, and, hence, was mistaken, or that he was deliberately falsifying:; that…
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Appeal from the Circuit Court of the City of St. Louis. —Hon, Kent Koerner, Judge. (1) The court erred in overruling both demurrers to the evidence, (a) The only evidence tending to show that a sponge was found in Mrs. Tate’s abdomen was so exceedingly weak, was given in such a vacillating manner, and under circumstances which showed clearly that the witness either did not know what he was talking about, and, hence, was mistaken, or that he was deliberately falsifying:; that such evidence amounts merely to a bare scintilla of evidence and constitutes no substantial evidence whatever. In this…
1Opinion of the Court
This suit was brought by minor children against a physician for damages for malpractice claimed to have resulted in the death of the mother of the minor children. In the original petition two other physicians, several nurses, and a sanitarium were also named as defendants. At the close of the plaintiffs' case plaintiffs dismissed as to all the defendants except Dr. Walter G. Tyzzer.
In the petition, after alleging the appointment of the next friend for the plaintiffs, it is alleged that Irma R. Tate was the mother of the plaintiffs, and that on the 10th day of February, 1916, she was afflicted…
2Cases cited6 opinions
- Kirkland v. Bixby.Supreme Court of Missouri · 1920
- Krinard v. WestermanSupreme Court of Missouri · 1919
- Reeves v. LutzMissouri Court of Appeals · 1913
- Hayden v. Grillo's AdministratorMissouri Court of Appeals · 1890
- Sontag v. UdeMissouri Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hodgson v. BigelowSupreme Court of Pennsylvania · 1939
- Jordan v. DanielsMissouri Court of Appeals · 1930
- Pennsylvania R. Co. v. Lincoln Trust Co., Admr.Indiana Court of Appeals · 1929