Hathorn v. Richmond
Supreme Court of Vermont
Case. Plea, the general issue, and trial by jury, May Term, 1875, Barrett, J., presiding. It appeared in evidence, and was not controverted, that the plaintiff’s leg was fractured Dec. 12, 1874, and that defendant visited plaintiff and saw his limb oji only two occasions, Dec. 13 and 18, and on each occasion in company with Dr. Ellis.
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Case. Plea, the general issue, and trial by jury, May Term, 1875, Barrett, J., presiding. It appeared in evidence, and was not controverted, that the plaintiff’s leg was fractured Dec. 12, 1874, and that defendant visited plaintiff and saw his limb oji only two occasions, Dec. 13 and 18, and on each occasion in company with Dr. Ellis. Defendant lived in Woodstock, some twelve miles from plaintiff, and Dr. Ellis was practicing at Barnard, living about three miles from plaintiff. Dr. Ellis was first sent for the day of the accident, and laid the plaintiff’s leg onto a double inclined splint, to…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, Ch. J.
The questions in this case arise upon the requests of the plaintiff made to the court below to charge the jury, to the refusal of the court to so charge, and to the charge as given.
The first objection to the charge is in respect to the degree of skill and surgical knowledge which a surgeon is bound to possess and exercise in the discharge of his duty as a surgeon when called upon to act in that capacity and undertakes to do so. We think the rule as laid down by the court is substantially correct, and in accordance with.the well-settled…
2Cited by22 opinions
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- Sheldon v. WrightSupreme Court of Vermont · 1907
- Dye v. CorbinWest Virginia Supreme Court · 1906
- Brown v. MarshallMichigan Supreme Court · 1882
- Whitesell v. HillSupreme Court of Iowa · 1897
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