Boynton v. Somersworth
Supreme Court of New Hampshire
Case, for injuries from a defective highway. The plaintiff was a physician and surgeon; and the defendants offered evidence tending to show that the plaintiff’s injuries were aggravated and his recovery delayed by unskilful and improper treatment on the part of the physician and surgeon employed to attend him, and requested the court to instruct the jury, that the plaintiff, being himself a physician and surgeon, if the injuries were aggravated, or the plaintiff’s recovery…
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Case, for injuries from a defective highway. The plaintiff was a physician and surgeon; and the defendants offered evidence tending to show that the plaintiff’s injuries were aggravated and his recovery delayed by unskilful and improper treatment on the part of the physician and surgeon employed to attend him, and requested the court to instruct the jury, that the plaintiff, being himself a physician and surgeon, if the injuries were aggravated, or the plaintiff’s recovery delayed, hindered, or interfered with, by improper medical treatment, or by the want of proper medical treatment, the…
1Opinion of the CourtClark, J.
The plaintiff’s injuries having been caused by a defective highway for which the defendants were in fault, the plaintiff is entitled to recover all damages resulting therefrom, unless such damages resulted in part from his own negligence. The degree of care and prudence required to be exercised by the plaintiff in the selection of a physician and surgeon, and the means used for his recovery and cure from his injuries, are the same as a traveller upon the highway is required to exercise in the selection of his horse, harness, carriage, and manner of driving. Tuttle v. Farmington, ante, 13. He…
2Cases cited4 opinions
- Collins v. City of Council BluffsSupreme Court of Iowa · 1871
- Hunt v. Town of PownalSupreme Court of Vermont · 1837
- Lyons v. . Erie Railway CompanyNew York Court of Appeals · 1874
- Baldwin v. Greenwoods Turnpike Co.Supreme Court of Connecticut · 1873
3Cited by2 opinions
- Seeton v. DunbartonSupreme Court of New Hampshire · 1905
- Demers v. FlackSupreme Court of New Hampshire · 1936