Moratzky v. Wirth
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $14,400 damages for alleged malpractice by defendant, a physician and surgeon. Tbe cause was tried before Bunn, J., and a jury, and a verdict for $1,800 was returned in favor of plaintiff. From the judgment entered on the verdict, defendant appealed. The instructions as to the weight of expert testimony are susceptible of no other construction than that tbe jury are not bound by expert testimony.
Read the full summary
Action in the district court for Ramsey county to recover $14,400 damages for alleged malpractice by defendant, a physician and surgeon. Tbe cause was tried before Bunn, J., and a jury, and a verdict for $1,800 was returned in favor of plaintiff. From the judgment entered on the verdict, defendant appealed. The instructions as to the weight of expert testimony are susceptible of no other construction than that tbe jury are not bound by expert testimony. That this is error, see Getchell v. Hill, 21 Minn. 464; Ewing v. Goode, 78 Fed. 442. As applied to the facts in this case, the court’s…
1Opinion of the CourtStart, C. J.
This is an action against the defendant, a physician, for malpractice in treating the plaintiff, and this is the second appeal herein. 67 Minn. 46, 69 N. W. 480. A subsequent trial in the district court resulted in a verdict for the plaintiff in the sum of $1,800, and the defendant appealed from the judgment entered thereon.
It was substantially admitted on the trial that the plaintiff, a married woman, during the night of October 29, 1891, was delivered of a five-months old foetus, and that the defendant was her attending physician from October 24 to November 18; that after the delivery, and…
2Cases cited3 opinions
- Williams v. Great Northern Railway Co.Supreme Court of Minnesota · 1897
- Schultz v. BowerSupreme Court of Minnesota · 1896
- Moratzky v. WirthSupreme Court of Minnesota · 1896
3Cited by22 opinions
- Mattfeld v. NesterSupreme Court of Minnesota · 1948
- Musolf v. Duluth Edison Electric Co.Supreme Court of Minnesota · 1909
- Jacobson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1916
- Koenigs v. ThomeSupreme Court of Minnesota · 1948
- Moehlenbrock v. Parke, Davis & Co.Supreme Court of Minnesota · 1920
17 more not listed; retrieve them via the Exa API.