Leighton v. Sargent
Superior Court of New Hampshire
Trespass on the case. The declaration contained two counts, as follows: 11 In a plea of trespass on the case, for that whereas the defendant was, is, and for many years last past has been, a physician and a surgeon, and during all the time aforesaid had exercised and carried on, and still exercises and carries on, the art, mystery and profession of physician and surgeon, to wit, at Strafford aforesaid; and while the said defendant so used, exercised and carried on the said…
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Trespass on the case. The declaration contained two counts, as follows: 11 In a plea of trespass on the case, for that whereas the defendant was, is, and for many years last past has been, a physician and a surgeon, and during all the time aforesaid had exercised and carried on, and still exercises and carries on, the art, mystery and profession of physician and surgeon, to wit, at Strafford aforesaid; and while the said defendant so used, exercised and carried on the said art, mystery and profession of physician and surgeon as aforesaid, to wit, on the 1st day of September, A. D. 1850, the…
1Opinion of the CourtBell, J.
The first question raised by this case relates *468to the admissibility of the evidence offered by the defendant, that he hadjreceived a good medical and surgical education, and was a regularly educated and skilful surgeon and physician. At the first look, it would not seem that the decision of this question could involve the discussion of the principles upon which the action is maintained. But as our conclusion upon this incidental question rests upon those principles, we propose to state them at such length as clearly to show the points upon which we rest our decision. These principles are of…
2Cases cited4 opinions
- Kellogg v. WadhamsSupreme Court of Connecticut · 1832
- Grannis v. BrandenSupreme Court of Connecticut · 1812
- Crooker v. HutchinsonSupreme Court of Vermont · 1827
- Mertz v. DetweilerSupreme Court of Pennsylvania · 1845
3Cited by8 opinions
- Woolley v. HendersonSupreme Judicial Court of Maine · 1980
- Powell v. Catholic Medical CenterSupreme Court of New Hampshire · 2000
- McBride v. HuckinsSupreme Court of New Hampshire · 1911
- Spead v. TomlinsonSupreme Court of New Hampshire · 1904
- McHugh v. AudetDistrict Court, M.D. Pennsylvania · 1947
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