Legal Opinion

Atkinson v. American School of Osteopathy

Supreme Court of Missouri

Decided February 29, 1912PublishedCited by 19 opinions

Appeal from Putnam Circuit Court. — Hon. George W. Wanamaker, Judge. (1) The court erred in permitting' plaintiff to testify over defendants’ objection that Doctor Laughlin told her that her ribs were broken, caused by Doctor Charley Still’s treatment. This was hearsay and opinion.

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Appeal from Putnam Circuit Court. — Hon. George W. Wanamaker, Judge. (1) The court erred in permitting' plaintiff to testify over defendants’ objection that Doctor Laughlin told her that her ribs were broken, caused by Doctor Charley Still’s treatment. This was hearsay and opinion. (2) The court erred in refusing defendants’ instruction 1, in the nature of a demurrer to the evidence at the close of all the testimony. 1. The evidence relied on to prove that plaintiff sustained the fracture charged, has no probative value, is in conflict with the physical facts as testified to by plaintiff, and…

1Opinion of the Court

BROWN, C.

This is a suit by which the plaintiff seeks to recover from the defendants damages for malpractice in treating her for disease by the method or system commonly known as osteopathy. She recovered judgment in the amount of ten thousand dollars, from which this appeal is taken by the defendants. The suit was instituted April 17, 1906.

The amended petition on which the cause was tried states in substance that the defendant the American School of Osteopathy is a corporation; that it owns a large amount of real estate in Kirksville, Adair county, Missouri; that it conducts a school whereby…

2Cases cited9 opinions

  1. Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
  2. Phillips v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
  3. Nephler v. WoodwardSupreme Court of Missouri · 1906
  4. Patten v. WigginSupreme Judicial Court of Maine · 1862
  5. Grainger v. StillSupreme Court of Missouri · 1905

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Janssen v. MulderMichigan Supreme Court · 1925
  2. Sconce v. JonesSupreme Court of Missouri · 1938
  3. Noren v. American School of OsteopathyMissouri Court of Appeals · 1928
  4. Gaines v. Berkshire Life InsuranceMissouri Court of Appeals · 1933
  5. Walsh Ex Rel. Walsh v. Table Rock Asphalt Construction Co.Missouri Court of Appeals · 1975

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