Brown v. Weeks
Supreme Court of New Hampshire
Case, against the defendant as a physician and surgeon for negligent treatment of the plaintiff’s testate, as a result of which he suffered and died. Trial by jury and verdict for the defendant. Transferred by Kivel, C. J., from the January term, 1920, of the superior court. There was evidence that the treatment was begun June 13, 1914, following an accident which lacerated thé testate’s finger. He died on the twenty-third of the same month.
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Case, against the defendant as a physician and surgeon for negligent treatment of the plaintiff’s testate, as a result of which he suffered and died. Trial by jury and verdict for the defendant. Transferred by Kivel, C. J., from the January term, 1920, of the superior court. There was evidence that the treatment was begun June 13, 1914, following an accident which lacerated thé testate’s finger. He died on the twenty-third of the same month. The evidence as to the defendant’s treatment and as to the cause of death was conflicting, the defendant claiming that it was due to a type of…
1Opinion of the CourtWalker, J.
The action was brought to recover damages for the death of the testate and for the pain and suffering caused by the negligence of the defendant, which, it was alleged, resulted in the testate’s death but which the jury found did not have that effect. If the suit had been originally brought to recover for the pain and suffering alone, it could not be doubted that the cause of action would survive under ss. 8-10, c. 191, P. S. Piper v. Railroad, 75 N. H. 435, 440-444. But the fact that recovery was also sought for the death under s. 12 does not preclude a recovery under other sections for the…
2Cases cited2 opinions
- Piper v. Boston & Maine RailroadSupreme Court of New Hampshire · 1910
- Stewart v. LeeSupreme Court of New Hampshire · 1899