Spead v. Tomlinson
Supreme Court of New Hampshire
Case, to recover for damages alleged to have been suffered by the plaintiff at the hands of the defendant, who is a Christian Science healer. Transferred from the April term, 1902, of the superior court by Peaslee, J. The declaration contains counts in contract, negligence, and deceit. Two trials were had in the superior court. At the first trial a verdict was ordered for the defendant upon the count in contract, subject to the plaintiff’s exception.
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Case, to recover for damages alleged to have been suffered by the plaintiff at the hands of the defendant, who is a Christian Science healer. Transferred from the April term, 1902, of the superior court by Peaslee, J. The declaration contains counts in contract, negligence, and deceit. Two trials were had in the superior court. At the first trial a verdict was ordered for the defendant upon the count in contract, subject to the plaintiff’s exception. The case was submitted to the jury upon the other counts, and a disagreement resulted. The court refused to transfer the question raised by the…
1Opinion
1. There was no evidence from which it could be found that the plaintiff employed the defendant to advise her as to whether or not Christian Science could be successfully employed in the treatment of appendicitis, or to do anything except to treat her by that method. Under these circumstances, if she could legally employ him to give her such treatment, the duty the law imposed on him for her benefit was that of treating her as the ordinary man who treats the disease in that way would have done; for when persons are brought together by virtue of a contract, as doctor and patient, or lawyer and…
2Cases cited35 opinions
- VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
- Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
- Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
- Kountze v. . KennedyNew York Court of Appeals · 1895
- People v. . HawkinsNew York Court of Appeals · 1898
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