McCracken v. . Smathers
Supreme Court of North Carolina
Civil action tried before Norwood, J., and a jury at Pall Term, 1897, of Haywood Superior Court. The facts appear in the opinion and in the report of a former appeal in the same case contained in 119 N. O. R., 617. The “fifth” prayer for instruction referred to in the opinion, as having been given on the trial; was as follows : “5th.
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Civil action tried before Norwood, J., and a jury at Pall Term, 1897, of Haywood Superior Court. The facts appear in the opinion and in the report of a former appeal in the same case contained in 119 N. O. R., 617. The “fifth” prayer for instruction referred to in the opinion, as having been given on the trial; was as follows : “5th. If the plaintiff went to the defendant to treat her teeth, and he gave her proper treatment according to his best judgment, and gave her proper directions, he was not required to hunt her up or write and inform hex-father of her condition, and if she neglected to…
1Opinion of the Court
Douglas, J.:
This case was before this Court at September term, 1896, the opinion being in 119 N. C., 617. The defendant asked the witness: “If the patient, after receiving treatment, should be directed to return in a week, and should fail to do so, is it regarded by the profession as the duty of the dentist to seek the patient?” and “Atwhat time does the relation of physician and patient cease?”; the plaintiff objecting, and the objection being sustained by the court, the defendant excepted. The court charged the jury in response to prayers of plaintiff :
“1. That if defendant did not, at the…
2Cases cited10 opinions
- Small v. HowardMassachusetts Supreme Judicial Court · 1880
- Dubois v. . DeckerNew York Court of Appeals · 1891
- Smothers v. HanksSupreme Court of Iowa · 1872
- Boon v. . MurphySupreme Court of North Carolina · 1891
- Gramm v. BoenerIndiana Supreme Court · 1877
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3Cited by18 opinions
- Nash v. . RoysterSupreme Court of North Carolina · 1925
- Viita v. FlemingSupreme Court of Minnesota · 1916
- Kuttner v. SwansonCourt of Appeals of Georgia · 1939
- Mull v. Emory University, Inc.Court of Appeals of Georgia · 1966
- Smith v. . McClungSupreme Court of North Carolina · 1931
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