Legal Opinion

Lange v. Kearney

New York Supreme Court

Decided January 28, 1889PublishedCited by 7 opinions

Appeal from circuit court, New York county. Action by Frederick Lange, a practicing surgeon, against Peter Kearney, for professional services in performing an operation on defendant’s son. Verdict and judgment for plaintiff. Defendant’s motion for new trial denied, and he appeals.

1Opinion of the CourtBrady, J.

The question in this case for the jury to determine was as to the value of the services rendered by the plaintiff in the treatment of the defendant’s son. The operation successfully performed by him was delicate and unusual, and required great skill. The charge made was reasonable, if the plaintiff and his witnesses are credited. On that subject, it is true, there *15was conflicting evidence, but that only imposed upon the jury the duty of greater deliberation and scrutiny. There is not such a preponderance as would j ustify us in reversing their finding on that subject. There is also evidence…

2Cited by7 opinions

  1. Cotnam v. WisdomSupreme Court of Arkansas · 1907
  2. Houda v. McDonaldWashington Supreme Court · 1930
  3. Schoenberg v. RoseNew York City Court · 1914
  4. In re the Claim of DavisNew York Surrogate's Court · 1928
  5. Youngentob v. GinsbergNew York Supreme Court · 1948

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