Ressequie v. Byers
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oreen County. Plaintiff appealed from an order overruling his demurrer to a supplemental answer of the defendant.
Read the full summary
APPEAL from the Circuit Court for Oreen County. Plaintiff appealed from an order overruling his demurrer to a supplemental answer of the defendant. The case is thus stated by Mr. Chief Justice Cole: “ This action was brought against the defendant, a physician and surgeon, for the recovery of damages resulting from his unskilful and negligent treatment of a gun-shot wound in, the hand of the plaintiff, the damages being laid at $5,000. The defendant answered, denying the unskilful and negligent treatment, and further alleging that the injury complained of was the result of careless and…
1Opinion of the CourtCole, C. J.
There is, undoubtedly, high authority which supports the ruling of the learned circuit court. There are cases which distinctly hold that a judgment in a justice’s court in favor of a physician or surgeon for professional services is a bar to any action by the defendant therein against such physician or surgeon for malpractice in rendering such services. Gates v. Preston, 41 N. Y., 113; Blair v. Bartlett, 75 N. Y., 150; Bellinger v. Craigue, 81 Barb. S. C., 534. There is, however, some conflict of authority on this subject; and as the question is now presented to this court for the .first…
2Cases cited8 opinions
- Blair v. . BartlettNew York Court of Appeals · 1878
- Gates v. . PrestonNew York Court of Appeals · 1869
- Barker v. ClevelandMichigan Supreme Court · 1869
- Howell v. GoodrichIllinois Supreme Court · 1873
- Lathrop v. KnappWisconsin Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Rowland v. HarrisonCourt of Appeals of Maryland · 1990
- Lawson v. ConawayWest Virginia Supreme Court · 1892
- Goble v. DillonIndiana Supreme Court · 1882
- Whitesell v. HillSupreme Court of Iowa · 1897
- Gwynn v. WilhelmOregon Supreme Court · 1961
13 more not listed; retrieve them via the Exa API.