Baird v. . Gillett
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment in favor of plaintiff entered upon a verdict. This is an action for alleged malpractice and neglect on the part of the defendant as a physician.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment in favor of plaintiff entered upon a verdict. This is an action for alleged malpractice and neglect on the part of the defendant as a physician. The plaintiff was born on the 9th day of August, 1867; the action was commenced in April, 1668. The gravamen of the action was neglecting to treat and improperly treating the eyes of the plaintiff, by reason of which he lost the sight of one and that of the other was injured. Upon the trial the father of plaintiff was sworn as a…
1Opinion of the CourtAllen, J.
The question, whether the defendant had presented any bill, or asked for any pay for his services, was entirely foreign to the issue, and therefore objectionable. It did not legitimately prove, or tend to prove, either want of care or skill in the treatment of the plaintiff by the defendant. But the fact that for eighteen months, a physician had forborne to assert a claim for compensation for his attendance and treatment, might in an action for malpractice, and especially in a doubtful or balanced case, be urged with great force, as in the nature of an admission of neglect or want of skill;…
2Cases cited3 opinions
- Williams v. . FitchNew York Court of Appeals · 1859
- Osgood v. President & Directors of the Manhattan Co.New York Supreme Court · 1824
- Starbird v. . BarronsNew York Court of Appeals · 1870
3Cited by21 opinions
- Xenia Bank v. StewartSupreme Court of the United States · 1885
- Jones v. AngellIndiana Supreme Court · 1884
- Dexter v. CollinsSupreme Court of Colorado · 1895
- Enos v. EnosNew York Supreme Court · 1890
- Mt. Morris Electric-Light Co. v. United States Horse & Cattle Show SocietyNew York Court of Common Pleas · 1894
16 more not listed; retrieve them via the Exa API.