Gerken v. Plimpton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Warren O. Plimpton, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 16th day of October, 1900, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 23d day of October, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
This ■ action was to recover from the defendant, a physician and .surgeon, for the injuries sustained by the plaintiff caused by the neglect of the defendant. The plaintiff testified that on July 29, 1897, she fractured her left arm, and on the thirtieth the defendant was called to attend her. He put the arm in splints and directed plaintiff to carry her arm in a sling. The defendant from that time attended the plaintiff until September twelfth, when upon an examination he found that the bones had not united, and, after treating them, he again put on the bandage and told the…
2Cases cited2 opinions
- Dubois v. . DeckerNew York Court of Appeals · 1891
- Potter v. VirgilNew York Supreme Court · 1876
3Cited by4 opinions
- Peteler v. RobinsonUtah Supreme Court · 1932
- Cazzell v. SchofieldSupreme Court of Missouri · 1928
- Bolles v. KintonSupreme Court of Colorado · 1928
- Lercara v. PaccioneAppellate Division of the Supreme Court of the State of New York · 1931