Mallen v. Boynton
Massachusetts Supreme Judicial Court
Tort, with a count in contract, against a physician and surgeon, for malpractice in the treatment of the plaintiff’s broken arm.
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Tort, with a count in contract, against a physician and surgeon, for malpractice in the treatment of the plaintiff’s broken arm. Trial in the Superior Court, before Gardner, J., who allowed a bill of exceptions, in substance as follows: The defendant, who was a physician and surgeon in Townsend, a country town in this Commonwealth, was sent for by the plaintiff’s employer to treat the plaintiff’s arm, which was broken and injured while in his employ; and the defendant undertook to do so. The plaintiff contended, and offered evidence tending to show, that, at the time of the original injury,…
1Opinion of the CourtW. Allen, J.
No objection is urged against the refusal of the court to give the instructions asked; and the refusal was clearly right.
The objection to the instructions given, that they only required the defendant to use the best judgment he possessed, and did not require that he should possess ordinary or reasonable knowledge, skill and experience, is founded upon a meaning given to a part of the instructions taken out of their connection with the rest. The whole of the instructions excepted to are, in substance, that if the defendant was not in fact competent, or if he felt that he was not competent to…
2Cited by10 opinions
- Benson v. . DeanNew York Court of Appeals · 1921
- Berardi v. MenicksMassachusetts Supreme Judicial Court · 1960
- Warner v. FullerMassachusetts Supreme Judicial Court · 1923
- Harriott v. PlimptonMassachusetts Supreme Judicial Court · 1896
- Vigneault v. Dr. Hewson Dental Co.Massachusetts Supreme Judicial Court · 1938
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