Kendall v. Brown
Illinois Supreme Court
Appeal from the Circuit Court of Warren county ; the Hon. Arthur A. Smith, Judge, presiding. This was an action on the case, brought by Samuel A. Brown against Edwin E. Kendall, to recover damages sustained by the unskillful treatment of a fractured leg of the plaintiff by the defendant, as a surgeon. A trial was had in the court below, resulting in a verdict and judgment of $1,375.17$, from which judgment the defendant appealed.
1Opinion of the CourtJustice Scott
Appellant is a physician and surgeon, and as such was employed to treat appellee. There is no controversy as to his employment, and that he treated appellee for a period of twenty-nine or thirty days, visiting him every day with the exception of one or two days. The declaration counts upon such employment, that he so unskillfully and carelessly treated appellee’s injury that his leg became shortened one and one-half inches, and thereby he suffered great pain. The gravamen of the action is, that through the unskillful treatment of the surgeon in charge, appellee’s leg became so much shortened…
2Cases cited1 opinion
- Ritchey v. WestIllinois Supreme Court · 1860
3Cited by7 opinions
- Force v. GregorySupreme Court of Connecticut · 1893
- Williams v. WurdemannWashington Supreme Court · 1912
- Black v. Chicago, B. & Q. R. Co.Nebraska Supreme Court · 1890
- Chicago Heights Land Ass'n v. ButlerAppellate Court of Illinois · 1894
- Miles v. HarrisCourt of Appeals of Texas · 1917
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