Graham v. Gautier
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon. James H. Bell. Suit by appellee against appellant for $187 57, for medical attendance to the slaves of the appellant.
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Appeal from Brazoria. Tried below before the Hon. James H. Bell. Suit by appellee against appellant for $187 57, for medical attendance to the slaves of the appellant. Answer admitting that the services were rendered as stated in the petition ; and that the charges were the usual charges for such services ; but alleging that by reason of the unskillful and negligent treatment of the plaintiff, said slaves, ten in number, of the value ■of $10,700, had died, wherefore defendant prayed judgment for said sum against said plaintiff. The testimony was very voluminous, and tended to different…
1Opinion of the CourtRoberts, J.
This case involves the rights and liabilities of medical practitioners, called in this country by the appellation of physicians. In England, physicians are a class of persons who have a diploma from a College of Physicians, and are entitled to the honorary distinction of Doctor of Medicine. They could not maintain suits for their fees by the Common Law any more than could Barristers at law. (Lipscomb v. Holmes, 2 Campb. R. 441 ; Chorley v. Balcot, 4 Tenn. R. 317.) Apothecaries and surgeons could maintain actions for their medicines and services, and were liable to be sued for any damage…
2Cases cited1 opinion
- Kilgore v. Graves' HeirsCourt of Appeals of Texas · 1884
3Cited by15 opinions
- Dashiell v. GriffithCourt of Appeals of Maryland · 1896
- Shirley Karp, Individually, Etc. v. Denton A. Cooley and Domingo S. LiottaCourt of Appeals for the Fifth Circuit · 1974
- Levermann v. CartallCourt of Appeals of Texas · 1965
- Fox v. MasonSupreme Court of Virginia · 1924
- Floyd v. MichieCourt of Appeals of Texas · 1928
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