Beardsley v. Ewing
North Dakota Supreme Court
Appeal from judgment and from an order of the-District Court of Ward County, North Dakota, Honorable K. E. Leighton, Judge. A physician is answerable for any injury resulting from the failure to perform his implied contract, and for failure to exercise his best judgment. Langdon v. Humphrey, 9 Conn. 209, 23 Am. Dec. 333; Barnes v. Means, 82 111. 379; Beck v. Klinik (Iowa) 7 L.R.A. 566, 43 N. W. 617; Moratsky y.
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Appeal from judgment and from an order of the-District Court of Ward County, North Dakota, Honorable K. E. Leighton, Judge. A physician is answerable for any injury resulting from the failure to perform his implied contract, and for failure to exercise his best judgment. Langdon v. Humphrey, 9 Conn. 209, 23 Am. Dec. 333; Barnes v. Means, 82 111. 379; Beck v. Klinik (Iowa) 7 L.R.A. 566, 43 N. W. 617; Moratsky y. Wirth (Minn.) 69 N. W. 480, 76 N. W. 1032; Boldt v. Murray (N. Y.) 2 N. Y. S. 232, 21 N. E. 1116; Allen v. Voje (Wis.) 89 N. W. 924. A physician, in the absence of special contract, is…
1Opinion of the CourtBirdzell, J.
This is an appeal from a judgment in favor of the plaintiff, and from an order denying a motion for a new trial entered in the district court of Ward couuty in an action to recover damages for negligence in the treatment of an injured eye. The facts are as follows: .
The plaintiff, while engaged at his occupation as an engineer, on December 19, 1914, got a cinder in one of his eyes. After complet*378ing his run and just before going to bed at about 11 o’clock on the same evening, he endeavored to remove the cinder by taking an ordinary match, burning the head off, and attempting to brush the…
2Cases cited9 opinions
- Stratton v. C. H. Nichols Lumber Co.Washington Supreme Court · 1905
- Iverson v. McDonnellWashington Supreme Court · 1904
- Demars v. Glen Manufacturing Co.Supreme Court of New Hampshire · 1892
- Shoemaker v. Bryant Lumber & Shingle Mill Co.Washington Supreme Court · 1902
- Hammer v. JanowitzSupreme Court of Iowa · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Flock v. J. C. Palumbo Fruit Co.Idaho Supreme Court · 1941
- Clark v. JosephsonNorth Dakota Supreme Court · 1954
- Tvedt v. HaugenNorth Dakota Supreme Court · 1940
- Stephenson v. SteinhauerCourt of Appeals for the Eighth Circuit · 1951
- James v. YoungNorth Dakota Supreme Court · 1950
12 more not listed; retrieve them via the Exa API.