McBride v. Huckins
Supreme Court of New Hampshire
Case, against the defendants as surgeons, for negligently amputating the plaintiff’s arm which had been injured and required surgical .attention. There was also a count for trespass or assault. Trial by jury and verdict for the plaintiff.
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Case, against the defendants as surgeons, for negligently amputating the plaintiff’s arm which had been injured and required surgical .attention. There was also a count for trespass or assault. Trial by jury and verdict for the plaintiff. Transferred from the September term, 1909, of the superior court by Chamberlin, J., on the ■defendants’ exception to the refusal of the court to instruct the jury -as follows: “If you find that the defendants possessed such skill and learning as is ordinarily possessed by physicians practicing in “the same line in similar localities, and that in treating and…
1Opinion of the Court
The jury were instructed, in substance, that the defendants were bound, under their contract of employment, to possess that degree of skill in surgery in the treatment of the plaintiff's injured arm which is ordinarily possessed by those engaged in the same profession. The skill of the average physician and surgeon was made the standard or test by which the jury were to determine the material question, whether the defendants had the knowledge, experience, and skill which the law requires a person to have, who represents himself to be a qualified surgeon and assumes upon request to render…
2Cases cited18 opinions
- Pike v. . HonsingerNew York Court of Appeals · 1898
- Small v. HowardMassachusetts Supreme Judicial Court · 1880
- Hitchcock v. BurgettMichigan Supreme Court · 1878
- Lawson v. ConawayWest Virginia Supreme Court · 1892
- Whitesell v. HillSupreme Court of Iowa · 1897
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3Cited by21 opinions
- Gasoline Products Co. v. Champlin Refining Co.Supreme Court of the United States · 1931
- Murray v. KrenzSupreme Court of Connecticut · 1920
- Parizo v. WilsonSupreme Court of Vermont · 1929
- Borowski v. RupertIndiana Court of Appeals · 1972
- Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913
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