Howard v. Grover
Supreme Judicial Court of Maine
This was an action of the case, against the defendant for alleged malpractice as a surgeon, and was tried upon tire plea of the general issue, Whitman C. J. presiding, at the November term, of this Court, 1847. The jury returned a verdict in favor of the plaintiff, and assessed the damages at $2025. The defendant moved for a new trial, because the damages were excessive, and because the verdict was against the evidence.
Read the full summary
This was an action of the case, against the defendant for alleged malpractice as a surgeon, and was tried upon tire plea of the general issue, Whitman C. J. presiding, at the November term, of this Court, 1847. The jury returned a verdict in favor of the plaintiff, and assessed the damages at $2025. The defendant moved for a new trial, because the damages were excessive, and because the verdict was against the evidence. The defendant afterwards filed another motion to have the verdict set aside, because he had, since the verdict was rendered, discovered new and important evidence, the…
1Opinion of the Court
Wells J.
This case was tried at the November term, 1847, and a verdict was rendered for the plaintiff for $2025. The defendant was charged with malpractice, as a surgeon. And he moves for a new- trial because of the discovery of new evidence, and of excessive damages.
The gentlemen by whose testimony, the alleged newly discovered facts can be shown, all resided in Portland, where the trial was had. No measures were taken to procure their attend■ance. By the use of ordinary diligence, the defendant could have ascertained the facts, to which they are able to testify. .If his knowledge of surgery…
2Cases cited2 opinions
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
- Blunt v. LittleU.S. Circuit Court for the District of Massachusetts · 1822
3Cited by10 opinions
- Smothers v. HanksSupreme Court of Iowa · 1872
- Craig v. CookSupreme Court of Minnesota · 1881
- Spead v. TomlinsonSupreme Court of New Hampshire · 1904
- Hill v. NewmanIndiana Supreme Court · 1874
- Lindsey v. MitchellSupreme Judicial Court of Maine · 1988
5 more not listed; retrieve them via the Exa API.