Tucker v. Mobile Infirmary Ass'n
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Fannie Tucker against the Mobile Infirmary Association for damages for personal injury while being treated at said institution. Judgment for defendant on the pleadings, and plaintiff takes nonsuit, and brings this appeal.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Fannie Tucker against the Mobile Infirmary Association for damages for personal injury while being treated at said institution. Judgment for defendant on the pleadings, and plaintiff takes nonsuit, and brings this appeal. The following is the complaint: Count 1. Plaintiff claims of defendant * * * as damages for that heretofore, to wit, * * defendant was in the business of conducting an infirmary for the treatment of patients requiring operations and other medical treatment, and for a reasonable compensation,…
1DissentMayfield, J.
(Dissenting.) — If the law is as it is here decided to be, is it not strange that no text-book writer in England or America has ever been able to learn it? It does seem that such judges and text-book writers as Cooley, Kent, Story, Parsons, Shaw, Gibson, Beasley, Bush, Morawetz, Jaggard, and others of equal note, would have found it out, and not have misled the world-litigants and world-courts for a century or more. Is it possible that one decision of one court of the smallest state in the Union contains more wisdom than all other courts, and all text-writers on the subject? There is no>…
2Cases cited19 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Fire Insurance Patrol v. BoydSupreme Court of Pennsylvania · 1888
- Hearns v. Waterbury HospitalSupreme Court of Connecticut · 1895
- Perin Ex Rel. Perin v. CareySupreme Court of the United States · 1861
- EXECUTORS OF McDONOGH v. MURDOCHSupreme Court of the United States · 1854
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