Legal Opinion

Dunbauld v. Thompson

Supreme Court of Iowa

Decided October 9, 1899PublishedCited by 6 opinions

Appeal from Tama District Court. — ITon. Obed Caswell, Judge. Plaintiee states as ber cause of action that a fly flew into ber outer right ear, causing ber annoyance, wbicb she undertook to remove by putting oil into the ear. Still suffering slight annoyance, she employed the defendant, a practicing physician and surgeon at Tama, Iowa, to treat her ear.

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Appeal from Tama District Court. — ITon. Obed Caswell, Judge. Plaintiee states as ber cause of action that a fly flew into ber outer right ear, causing ber annoyance, wbicb she undertook to remove by putting oil into the ear. Still suffering slight annoyance, she employed the defendant, a practicing physician and surgeon at Tama, Iowa, to treat her ear. Sbe charges that he “carelessly, negligently, and unskillfully undertook to do so with a pair of tweezers or small forceps, without any illumination of said ear, and without etherizing said plaintiff, instead of using a syringe- and warm…

1Opinion of the CourtGiveN, J.

I. Appellant’s first contention is that the-evidence fails to« show negligence or want of care and skill on his part in treating the plaintiff. The evidence is in sharp conflict upon this issue, the issue was fairly submitted to the jury, and the verdict has such support as that, under the rules in such cases, it should not be set aside on this ground.

*201II. Appellant’s next complaint is that medical works, were introduced and read as evidence by the plaintiff, and be cites Railway v. Yates, 25 C. C. A. 104 (79 Fed. Rep. 584); 1 Bixby v. Bridge Co., 105 Iowa, 293. The record shows that such…

2Cases cited3 opinions

  1. Whitesell v. HillSupreme Court of Iowa · 1897
  2. Bixby v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1898
  3. Bingham v. FosterSupreme Court of Iowa · 1873

3Cited by6 opinions

  1. Krinard v. WestermanSupreme Court of Missouri · 1919
  2. McBride v. HuckinsSupreme Court of New Hampshire · 1911
  3. Rockwell v. KetchumSupreme Court of Iowa · 1910
  4. Marengo Savings Bank v. KentSupreme Court of Iowa · 1907
  5. Hair v. SorensenSupreme Court of Iowa · 1933

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