Hanselman v. Carstens
Michigan Supreme Court
Error to Superior Court of Detroit. (Chipman, J.) Case. Plaintiff brings error. The declaration is in the usual form of declarations against physicians and surgeons: Elwell’s Malpractice, 125; McLellan’s Civil Malpractice, 135. In such a declaration it is sufficient to aver defendant’s professional character, and that he was employed as a surgeon [not stating by whom] for reward to him, to treat and cure the plaintiff, and that he entered upon his treatment, etc., without…
Read the full summary
Error to Superior Court of Detroit. (Chipman, J.) Case. Plaintiff brings error. The declaration is in the usual form of declarations against physicians and surgeons: Elwell’s Malpractice, 125; McLellan’s Civil Malpractice, 135. In such a declaration it is sufficient to aver defendant’s professional character, and that he was employed as a surgeon [not stating by whom] for reward to him, to treat and cure the plaintiff, and that he entered upon his treatment, etc., without showing any undertaking on his part to act skillfully, or averring such duty on his part: Gladwell v. Stiggall, 5 Bing.…
1Opinion of the CourtSherwood, J.
The plaintiff in this case resides in Detroit, and is over fifty years of age. On the eighteenth day of September, 1880, she fell and broke one of her lower limbs midway between the foot and the knee, sustaining what is called a compound fracture of the limb.
The defendant, who is a physician and surgeon, then practicing in that city, was employed to reduce the fracture, and give her such treatment thereafter as her case required.
The plaintiff alleges that the defendant negligently set the limb, and carelessly and nnskillfully performed the services» rendered, and she brings her suit to…
2Cases cited5 opinions
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Nolton v. . Western Railroad CorporationNew York Court of Appeals · 1857
- Clark v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
- Grinde v. M. & St. P. R. Co.Supreme Court of Iowa · 1876
- Lucas v. WattlesMichigan Supreme Court · 1882
3Cited by14 opinions
- Simonelli v. CassidyMichigan Supreme Court · 1953
- Mayo v. WrightMichigan Supreme Court · 1886
- O'TOOLE v. FortinoMichigan Court of Appeals · 1980
- Stokes v. LongMontana Supreme Court · 1916
- Pfaffenberger v. Pavilion Restaurant Co.Michigan Supreme Court · 1958
9 more not listed; retrieve them via the Exa API.