Roark v. Greeno
Supreme Court of Kansas
Error from court of appeals, northern department; John H. Mahan, Abijah Wells, and Sam’l W. McElroy, judges. STATEMENT. W. S. Roark brought an action in the district court of Geary county against L. M. Greeno to recover damages against the latter for alleged malpractice. The defendant below was a dentist. The amended petition in the cause stated, in substance : On the 14th day of March, 1896, defendant was engaged in the practice of dentistry.
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Error from court of appeals, northern department; John H. Mahan, Abijah Wells, and Sam’l W. McElroy, judges. STATEMENT. W. S. Roark brought an action in the district court of Geary county against L. M. Greeno to recover damages against the latter for alleged malpractice. The defendant below was a dentist. The amended petition in the cause stated, in substance : On the 14th day of March, 1896, defendant was engaged in the practice of dentistry. Plaintiff, desiring to have a tooth extracted, applied to defendant to perform the operation in such manner as in the latter’s judgment was proper and…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The testimony in the cause, beyond that given by the plaintiff and defendant, was principally confined to the opinions of experts. It is contended by defendant in error that questions like the following, calling for deductions from facts stated hypothetically, were improper, as requiring opinions upon the ultimate fact: " What would you say was the probable cause of his affliction or condition at that time?’’ " What, in your judgment, was the source of that infection? ’’ " What, in your judgment, was the cause of this plaintiff’s sickness and…
2Cases cited17 opinions
- State v. BaldwinSupreme Court of Kansas · 1886
- Barber's Appeal From ProbateSupreme Court of Connecticut · 1893
- Kansas Pacific Railway Co. v. CutterSupreme Court of Kansas · 1877
- Stearns v. . FieldNew York Court of Appeals · 1882
- Atchison, T. & S. F. R. v. ReesmanCourt of Appeals for the Eighth Circuit · 1894
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3Cited by15 opinions
- Barr v. Builders, Inc.Supreme Court of Kansas · 1956
- Nunez v. WilsonSupreme Court of Kansas · 1973
- Schlatter v. IbarraSupreme Court of Kansas · 1975
- Hurlburt v. GillettNew York Supreme Court · 1916
- Carlburg v. Wesley Hospital & Nurse Training SchoolSupreme Court of Kansas · 1958
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