Bemus v. Howard
Supreme Court of Pennsylvania
ERROR to the common pleas of Crawford county. This was an action on the case, by George W. Howard against Daniel Bemus, a physician, for negligence and want of skill in his profession, by reason of which the plaintiff lost his leg. There had been a former trial of the cause, in which Francis Ross had given evidence, and he was called again on this trial and gave evidence.
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ERROR to the common pleas of Crawford county. This was an action on the case, by George W. Howard against Daniel Bemus, a physician, for negligence and want of skill in his profession, by reason of which the plaintiff lost his leg. There had been a former trial of the cause, in which Francis Ross had given evidence, and he was called again on this trial and gave evidence. David Cumpton was called by the plaintiff as a witness to prove that Ross had not testified on the former occasion to a material fact which he now testified to. He said “ he could not recollect the words.” The court then…
1Opinion of the Court
The opinion of the’ Court was delivered by
Sergeant, J.
The first error assigned is in. rejecting the evidence contained in the defendant’s bill of exceptions. Francis Ross, a witness for the plaintiff, had testified as to the fact of the defendant’s lifting or changing the position of the plaintiff’s-leg, about six weeks after it was set. The defendant offered David Cumpton as a witness to prove that on a former trial between the parties before--Hamilton, Esq., Thomas Ross testified to the defendant’s having neglected the plaintiff’s “leg, and said nothing, at that time, as to the injury done…
2Cases cited1 opinion
- Wolf v. WyethSupreme Court of Pennsylvania · 1824
3Cited by6 opinions
- Toogood v. RogalSupreme Court of Pennsylvania · 2003
- Dashiell v. GriffithCourt of Appeals of Maryland · 1896
- Lawson v. ConawayWest Virginia Supreme Court · 1892
- Jamison v. DimockSupreme Court of Pennsylvania · 1880
- Toogood v. RogalSupreme Court of Pennsylvania · 2003
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