Norton v. Hefner
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court; W. J. Driver, Judge; 1. Appellant was not negligent and was not liable for any negligence of the physician selected to take charge of the case after he was compelled to leave. 181 S. W. 157; 12 Negl. Comp. Cas. Ann. 882; 65 Ark. 580; 38 Mich. 501; 93 Am. St. 665; 27 L. E. A. (N. S.) 1174. 2. The verdict is excessive. 55 Am.
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Appeal from Crittenden Circuit Court; W. J. Driver, Judge; 1. Appellant was not negligent and was not liable for any negligence of the physician selected to take charge of the case after he was compelled to leave. 181 S. W. 157; 12 Negl. Comp. Cas. Ann. 882; 65 Ark. 580; 38 Mich. 501; 93 Am. St. 665; 27 L. E. A. (N. S.) 1174. 2. The verdict is excessive. 55 Am. St. 606. There is no evidence to sustain it. 70 Ark. 386; 24 Id. 224; 10 Id. 309; 7 Id. 462; 79 Id. 609. 3. A jury can not disregard arbitrarily the uncontradicted testimony of witnesses. 67 Ark. 514; 80 Id. 396; 96 Id. 37; 101 Id.…
1Opinion of the CourtMcCULLOCH, C. J.
The defendant, M. M. Norton, is a physician and surgeon, and this is an action instituted against him by the plaintiff, C. E. Hefner, and his wife Theresa, to recover damages on account of injuries resulting from improper treatment following a surgical operation performed by the defendant.
It is not claimed that there was any unskillfulness or negligence in the performance of the surgical operation, but the contention is that the injury resulted from inattention or unskillfulness on the part of another physician left in charge of the patient by Doctor Norton after the operation was complete.…
2Cases cited3 opinions
- De Forrest v. WrightMichigan Supreme Court · 1852
- Arkansas Midland Railroad v. PearsonSupreme Court of Arkansas · 1911
- Keller v. LewisSupreme Court of Arkansas · 1898
3Cited by10 opinions
- Márquez Vega v. Martínez RosadoSupreme Court of Puerto Rico · 1985
- Thomas v. SessionsSupreme Court of Arkansas · 1991
- Runyan v. GoodrumSupreme Court of Arkansas · 1921
- Hohenthal v. SmithCourt of Appeals for the D.C. Circuit · 1940
- Withington v. JenningsMassachusetts Supreme Judicial Court · 1925
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