Awde v. Cole
Supreme Court of Minnesota
Action in the district court for Otter Tail County to recover $25,000 for alleged malpractice. The case was tried before Searle, J., and a jury, which returned a general verdict in f(avor of the plaintiff for $500. From a judgment entered pursuant to- an order granting a motion for judgment on special findings, notwithstanding the general verdict, plaintiff appealed.
1Opinion of the CourtJaggard, J.
Plaintiff and appellant brought an action against the defendants and respondents to recover damages for alleged malpractice. The pleadings, it is here insisted, put in issue charges of negligence on defendants’ part: (1) In the diagnosis of appendicitis, in the performance of the actual operation, and in the subsequent care of the wound; and (2) in burning plaintiff’s leg after the operation, and in the subsequent treatment of that burn.
The testimony showed that a trained nurse, Mrs. Mucke, whom defendants had no reason to believe untrustworthy, put into the bed into which plaintiff was to be…
2Cases cited11 opinions
- Stevens v. City of LogansportIndiana Supreme Court · 1881
- Toledo, Wabash & Western Railway Co. v. MilliganIndiana Supreme Court · 1876
- Muncie Street Railway Co. v. MaynardIndiana Court of Appeals · 1892
- Scheible v. LawIndiana Supreme Court · 1878
- Kerr v. Keokuk Waterworks Co.Supreme Court of Iowa · 1895
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3Cited by8 opinions
- Trustees of Caledonia County Grammar School v. KentSupreme Court of Vermont · 1912
- Ferch v. HillerSupreme Court of Minnesota · 1941
- State v. LaBarreSupreme Court of Minnesota · 1959
- Davis v. MosesSupreme Court of Minnesota · 1927
- Demerce v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1913
3 more not listed; retrieve them via the Exa API.