State v. Housekeeper
Court of Appeals of Maryland
Appeal from the Circuit Court for Harford Countj^. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiff offered the five' following prayers; 1. If the jury believe that the defendants cut off the breast of Mrs. Matilda C. Janney, in consequence of which she died, as mentioned in the first count of the declaration, then the plaintiff is entitled to recover in this action, unless the jury further find that said breast was cut off by the…
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Appeal from the Circuit Court for Harford Countj^. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiff offered the five' following prayers; 1. If the jury believe that the defendants cut off the breast of Mrs. Matilda C. Janney, in consequence of which she died, as mentioned in the first count of the declaration, then the plaintiff is entitled to recover in this action, unless the jury further find that said breast was cut off by the consent of the husband and of said Matilda C. Janney, and the burden of proof is upon the defendants to satisfy the jury by…
1Opinion of the CourtYellott, J.
An action for damages was brought against the appellees who are physicians residing in Cecil County. It •is-alleged in the declaration that they caused the death of one Matilda Janney, by unskillfully or wrongfully performing a surgical operation. The action was brought in the name of the State for the benefit of the appellants, one of whom was the husband, and the others were the children of the deceased. Under the provisions of Art. 67, of the Md. Code, if the death is caused by the wrongful act, neglect, or default of the defendant a suit may be instituted for the benefit of the husband,…
2Cases cited3 opinions
- Jacksonville Street Railway Co. v. ChappellSupreme Court of Florida · 1885
- Carstens v. HanselmanMichigan Supreme Court · 1886
- Baird v. MorfordSupreme Court of Iowa · 1870
3Cited by69 opinions
- Largey v. RothmanSupreme Court of New Jersey · 1988
- Shilkret v. Annapolis Emergency Hospital Ass'nCourt of Appeals of Maryland · 1975
- Knowles v. BlueSupreme Court of Alabama · 1923
- LaCaze v. CollierSupreme Court of Louisiana · 1983
- Nolan v. DillonCourt of Appeals of Maryland · 1971
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