Quinn v. Higgins
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Columbia County. Tbe case is sufficiently stated in tbe opinion. They argued, inter alia, that it was error (3, 4) to exclude the hypothetical questions put to Dr. Garry on his cross-examination, assuming facts which the defendant claimed had been shown by plaintiff’s own testimony. Eogers on Exp.
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APPEAL from tbe Circuit Court for Columbia County. Tbe case is sufficiently stated in tbe opinion. They argued, inter alia, that it was error (3, 4) to exclude the hypothetical questions put to Dr. Garry on his cross-examination, assuming facts which the defendant claimed had been shown by plaintiff’s own testimony. Eogers on Exp. Test. secs. 28, 32; Leopold v. Van Kink, 29 "Wis. 548. It was error (8, 9) to exclude hypothetical questions put to Dr. Jenkins, embodying the facts in the case claimed by the defendant to be shown by the evidence, and assuming them to be true for the purposes of…
1Opinion of the CourtTaylor, J.
This is an action brought by the respondent to recover damages of the defendant for malpractice as a surgeon in setting and caring for a broken leg of the respondent. On the trial in the circuit court the respondent recovered over $1,600 damages. Judgment swas entered upon such verdict, and the defendant appealed to this court.
A motion for a new trial was made in ’ the court below, and denied. One of the grounds of such motion was that the verdict was unsupported by the evidence. The denial of the motion on that ground is assigned as one of the *666errors relied upon by the appellant in this…
2Cases cited3 opinions
- Kempsey v. McGinnissMichigan Supreme Court · 1870
- Bennett v. StateWisconsin Supreme Court · 1883
- Luning v. StateWisconsin Supreme Court · 1849
3Cited by32 opinions
- Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Cornell v. StateWisconsin Supreme Court · 1899
- Selleck v. City of JanesvilleWisconsin Supreme Court · 1898
- Zoldoske v. StateWisconsin Supreme Court · 1892
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