Capron v. . Douglass
New York Court of Appeals
. Appeal from a judgment o'f the Appellate Division of the Supreme Court in the fourth judicial department, entered June 4, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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. Appeal from a judgment o'f the Appellate Division of the Supreme Court in the fourth judicial department, entered June 4, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It was error on the part of the trial justice to exclude under the provisions of section 834 of the Code of Civil Procedure the testimony of Dr. Fred J. Douglass, a witness called by the defendant. (Morris v. N. Y., O. & W. R. R. Co., 148 N. Y. 92; Matter of Coleman,…
1Opinion of the CourtHaight, J.
This action was brought to recover damages against the defendant, a physician and surgeon, upon the ground that he was chargeable with malpractice in treating a fracture of the tibia and fibula of the plaintiff’s leg.
Upon the trial evidence was submitted by the plaintiff and liis witnesses tending to show that after the plaintiff received the fracture of the bones of liis leg the defendant was called as a surgeon to attend the same, and that he was negligent in reducing the fracture and in liis subsequent care of the patient. After a lapse of several weeks it was discovered that there had…
2Cases cited8 opinions
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
- Morris v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1895
- Nave v. BairdIndiana Supreme Court · 1859
- Clifford v. Denver & Rio Grande RailroadNew York Court of Appeals · 1907
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3Cited by39 opinions
- Engl v. ætna Life Ins. Co.Court of Appeals for the Second Circuit · 1943
- Steinberg v. New York Life InsuranceNew York Court of Appeals · 1933
- People v. EdneyNew York Court of Appeals · 1976
- People v. Al-KananiNew York Court of Appeals · 1973
- Munzer v. Swedish American LineDistrict Court, S.D. New York · 1940
34 more not listed; retrieve them via the Exa API.