Benson v. . Dean
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 22, 1920, affirming a judgment in favor of plaintiff entered upon a verdict. The exceptions to the charge and to the refusal to charge call for reversal. (Potter v. Warner, 91 Penn. St. 263; Jones v. Vroom, 45 Pac. Rep. 234.) No negligence was shown on the part of defendant. The .defendant is not responsible for any neglect on the part of Dr. Kasper.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 22, 1920, affirming a judgment in favor of plaintiff entered upon a verdict. The exceptions to the charge and to the refusal to charge call for reversal. (Potter v. Warner, 91 Penn. St. 263; Jones v. Vroom, 45 Pac. Rep. 234.) No negligence was shown on the part of defendant. The .defendant is not responsible for any neglect on the part of Dr. Kasper. There was no evidence to go to the jury. The complaint should have been dismissed. (Pike v. Honsinger, 155 N. Y. 201; Mackenzie…
1Opinion of the CourtPound, J.
This is an action against a physician and surgeon to recover damages for failure to use reasonable skill, judgment, care and diligence in treating a patient. The plaintiff had been suffering from rectal trouble. He consulted the defendant who examined him, recommended an operation for ulcers and in March, 1916, operated under a general anaesthetic at a private hospital, with the assistance of Dr. Blaise who gave the anaesthetic and Dr. Kasper, a specialist in general surgery. After making progress, while sewing up one incision or wound, Dr. Kasper’s needle broke. The defendant and Dr. Kasper…
2Cases cited5 opinions
- Pike v. . HonsingerNew York Court of Appeals · 1898
- Wharton v. WarnerWashington Supreme Court · 1913
- Evans v. RobertsSupreme Court of Iowa · 1915
- Goldstein v. . Pullman Co.New York Court of Appeals · 1917
- Mallen v. BoyntonMassachusetts Supreme Judicial Court · 1882
3Cited by66 opinions
- Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
- Toth v. Community HospitalNew York Court of Appeals · 1968
- McDermott v. Manhattan Eye, Ear & Throat HospitalNew York Court of Appeals · 1964
- Sinz v. OwensCalifornia Supreme Court · 1949
- Berk v. St. Vincent's Hospital & Medical CenterDistrict Court, S.D. New York · 2005
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