Hibbard v. Thompson
Massachusetts Supreme Judicial Court
Contract, with an alternative count in tort, each alleging that the defendant held himself out as a skilful and competent physician, practising in Lowell; that the plaintiff was sick, and employed the defendant to treat him for his sickness; and that the defendant treated him so unskilfully and carelessly as to cause him great pain, and impair his health, and put him to great expense for proper medical attendance.
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Contract, with an alternative count in tort, each alleging that the defendant held himself out as a skilful and competent physician, practising in Lowell; that the plaintiff was sick, and employed the defendant to treat him for his sickness; and that the defendant treated him so unskilfully and carelessly as to cause him great pain, and impair his health, and put him to great expense for proper medical attendance. The answer admitted that the defendant was a physician practising in Lowell, and treated the plaintiff for sickness by employment of the plaintiff; denied any want of skill or care;…
1Opinion of the CourtChapman, C. J.
The plaintiff’s declaration contains two counts, one in tort and the other in contract. Each of them alleges in substance the employment of the defendant as a physician by the plaintiff, and ignorant and unskilful treatment of the plaintiff by him, whereby the plaintiff was put to great pain and suffering. There was evidence tending to show that the plaintiff’s own carelessness contributed to the injury; and the plaintiff requested the court to instruct the jury that this is a case where the doctrine of contributory negligence does not apply, and the physician is liable for any results…
2Cited by15 opinions
- Black v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1907
- Jenkins v. Charleston General Hospital & Training SchoolWest Virginia Supreme Court · 1922
- Brown v. MarshallMichigan Supreme Court · 1882
- Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
- Gramm v. BoenerIndiana Supreme Court · 1877
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