Brooke v. Clark
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. R. R. Gaines. Fifteen days after the birth of Henry H. Clark, the appellee, this suit was brought by his next friend in his behalf to recover damages of Dr. John Brooke, a practicing physician, who acted as accoucher at the child’s birth. Brooke was charged with gross negligence in tying a ligature around appellee’s penis, instead of the umbilical cord, at his birth, whereby the glands of the penis came entirely off.
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Appeal from Grayson. Tried below before the Hon. R. R. Gaines. Fifteen days after the birth of Henry H. Clark, the appellee, this suit was brought by his next friend in his behalf to recover damages of Dr. John Brooke, a practicing physician, who acted as accoucher at the child’s birth. Brooke was charged with gross negligence in tying a ligature around appellee’s penis, instead of the umbilical cord, at his birth, whereby the glands of the penis came entirely off. The material testimony was as follows: Helen R. Clark testified in substance: “ She was the mother of the plaintiff; the…
1Opinion of the CourtBonner, Associate Justice
Appellee Henry N. Clark, a minor, by his next friend, instituted this suit February 15, 1875, against appellant John Brooke, for damages, actual and exemplary, for an alleged act of gross negligence on the part of Brooke as physician and accoucher on the occasion of the birth of Clark.
On November 10, 1877, a trial was had, which resulted, upon verdict of a jury, in judgment in favor of Clark for §5,500, from which this appeal is taken.
During the pendency of the appeal defendant Brooke died, and motion has been made to dismiss the suit upon the ground that, being a personal action, it abated…
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