Merriam v. Hamilton
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is an action by Elizabeth Merriam against W. B. Hamilton.
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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is an action by Elizabeth Merriam against W. B. Hamilton. The plaintiff, a married woman, avers in substance that about February 6, 1909, she employed the defendant as her physician to treat her for a backache, and that he entered upon such service, but did not use due care in treating her for that malady, in that he diagnosed her case as one of pregnancy, and that he contended for his diagnosis until November 8, 1909. She then alleges: “That during all of said times the plaintiff was not pregnant with a child, and…
1Opinion of the CourtJustice Burnett
1. In the consideration of the allegations quoted it is *479of no importance whether the plaintiff was pregnant or not, for either condition is normal for a married woman who has not passed her sexual climacteric, and neither one of them is a disease or malady. Although the complaint says the defendant failed to ascertain the plaintiff’s true condition, yet no intimation is given about what that true condition was. To charge a defendant with a tort in a case of this kind, it should appear for one thing that the plaintiff’s real condition was one of disease which by the exercise of the ordinary…
2Cases cited2 opinions
- Smith v. ButtnerCalifornia Supreme Court · 1891
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
3Cited by27 opinions
- Lippold v. KiddOregon Supreme Court · 1928
- Rudd v. Fairforest Finishing Co.Supreme Court of South Carolina · 1939
- Lehman v. KnottOregon Supreme Court · 1921
- Horn v. National Hospital AssociationOregon Supreme Court · 1942
- Hamilton v. KelseyOregon Supreme Court · 1928
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