Legal Opinion

Gore v. Brockman

Missouri Court of Appeals

Decided May 31, 1909PublishedCited by 28 opinions

Appeal from Miller Circuit Court. — Eon. Wm. E. Martin, Judge. Physicians are not warrantors of cures nor liable for errors of judgment. VanHooser v. Berghoff, 99 Mo. App. 487; Logan v. Field, 75 Mo. App. 594; Burnham v. Jackson, 20 Colo. 532; Jones v. Angelí, 95 Ind; 376; Tefft y. Wilcox, 6 Kan. 33; Patten v. Wiggin, 51 Me. 594; Geteliel y. Hill, 21 Minn. 464; Martin y.

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Appeal from Miller Circuit Court. — Eon. Wm. E. Martin, Judge. Physicians are not warrantors of cures nor liable for errors of judgment. VanHooser v. Berghoff, 99 Mo. App. 487; Logan v. Field, 75 Mo. App. 594; Burnham v. Jackson, 20 Colo. 532; Jones v. Angelí, 95 Ind; 376; Tefft y. Wilcox, 6 Kan. 33; Patten v. Wiggin, 51 Me. 594; Geteliel y. Hill, 21 Minn. 464; Martin y. Courtney, 75 Minn. 255; O'Hara v. Wells, 14 Neb. 403; Graham v. Gauntier, 21 Texas 111; M'cCandless v. Mewha, 22 Pa. St'. 261; Pellcy v. Palmer, 109 Mich. 561; Duboise v. Decker, 130 N. Y. 325; Barker y. Lane, 23 B. I. 224;…

1Opinion of the CourtEllison, J.

— Defendant is a physician and plaintiff was his patient. She charged malpractice and recovered judgment in the trial court for thirty-five hundred dollars.

The petition alleges that plaintiff was suffering from some “malady” and that she engaged defendant to treat her. That defendant pronounced her trouble to be “the hardening of the right lobe of the liver and proposed to treat her by means of what is generally known as an X-ray machine.” That defendant “unskillfully, rashly, unprofessionally, negligently and ignorantly commenced treating her with the X-ray.” That in so doing the “right side…

2Cases cited7 opinions

  1. Cosselmon v. . DunfeeNew York Court of Appeals · 1902
  2. Manigold v. Black River Traction Co.Appellate Division of the Supreme Court of the State of New York · 1903
  3. Iverson v. McDonnellWashington Supreme Court · 1904
  4. Sawyer v. J. M. Arnold Shoe Co.Supreme Judicial Court of Maine · 1897
  5. Wheeler v. BowlesSupreme Court of Missouri · 1901

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

3Cited by28 opinions

  1. Buehler v. Festus Mercantile Co.Supreme Court of Missouri · 1938
  2. Hildreth v. KeyMissouri Court of Appeals · 1960
  3. Williams v. ChamberlainSupreme Court of Missouri · 1958
  4. Fairbanks Canning Co. v. London Guaranty & Accident Co.Missouri Court of Appeals · 1911
  5. D. &. H. Truck Line v. LavalleeCourt of Appeals of Texas · 1928

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

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