Legal Opinion

O'Hara v. Wells

Nebraska Supreme Court

Decided January 15, 1883PublishedCited by 10 opinions

Error to the district court for Gage county. Tried below before Weaver, J. The plaintiff in the petition alleged as follows: ‘‘The said John O’Hara, plaintiff, complains of the said •Osceola O. Wells, defendant, and for cause of action says: That the said plaintiff, before and at the times hereinafter mentioned, had had the bone and ligaments of his left arm broken and fractured and displaced, and that the said defendant was a physician and surgeon, practicing as such in the…

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Error to the district court for Gage county. Tried below before Weaver, J. The plaintiff in the petition alleged as follows: ‘‘The said John O’Hara, plaintiff, complains of the said •Osceola O. Wells, defendant, and for cause of action says: That the said plaintiff, before and at the times hereinafter mentioned, had had the bone and ligaments of his left arm broken and fractured and displaced, and that the said defendant was a physician and surgeon, practicing as such in the city of Beatrice, Gage county, Nebraska; that on, to-wit: the 80th day of October, a.d. 1878, the said plaintiff at the…

1Opinion of the Court

Lake, Ch. J.

The verdict is fairly and sufficiently supported by the evidence found in the bill of exceptions, and the objection that it is not must be overruled.

The other matters relied on as ground for a reversal of the judgment are certain rulings of the judge upon the admissibility of evidence, and in his charge to the jury upon the law of the case. These will be considered in the order in which they are presented to us by counsel.

The first of these rulings occurred during the cross-examination of the plaintiff. He was asked whether, while he was still under treatment by the defendant, he…

2Cited by10 opinions

  1. Debney v. StateNebraska Supreme Court · 1895
  2. Skike v. PotterNebraska Supreme Court · 1897
  3. Hurlbut v. HallNebraska Supreme Court · 1894
  4. Beadle v. PaineOregon Supreme Court · 1905
  5. Labaree v. KlostermanNebraska Supreme Court · 1891

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