Grannis v. Branden
Supreme Court of Connecticut
MOTION for a new trial. This was an action on the case. It was alleged in the declaration, that for more than six years previous to the 29th day of March, 1810, the defendant publicly professed and pursued the practice of physic, surgery and midwifery, in all their different branches ; and professed, and claimed to possess, full and perfect skill, knowledge and science therein ; that on the day and year before mentioned, while the defendant was still pursuing and exercising…
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MOTION for a new trial. This was an action on the case. It was alleged in the declaration, that for more than six years previous to the 29th day of March, 1810, the defendant publicly professed and pursued the practice of physic, surgery and midwifery, in all their different branches ; and professed, and claimed to possess, full and perfect skill, knowledge and science therein ; that on the day and year before mentioned, while the defendant was still pursuing and exercising his profession as above stated, the plaintiffs applied to the defendant, and requested him, for a reasonable…
1Opinion of the Court
MiTcnEim, Ch. J.
(After stating the case.) The first objection, on which the present motion is grounded, is, that no evidence ought to have been admitted, on the trial, relating to the wounds inflicted by the defendant, upon the plaintiff's wife; because, the only point in issue between the parties, was, whether the defendant had neglected to perform his professional duty. This objection proceeds from a misconception of the cause of action. The gravamen is the defendant’s ignorance, negligence and want of skill ; which may be as clearly evinced, by mis-feasance, as by non-fea-sance ; by…
2Cited by7 opinions
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- Blossom v. . BarrettNew York Court of Appeals · 1868
- Malloy v. HoganSupreme Court of Connecticut · 1963
- Leighton v. SargentSuperior Court of New Hampshire · 1853
- Trussell v. ScarlettU.S. Circuit Court for the District of Maryland · 1882
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