Hennessy v. Kelley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Patrick L. Kelley, from a judgment of the County Court of Oneida county in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 13th day of February, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th «day of March, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order appealed from should be reversed and a new trial granted, with costs, to the appellant to abide event.
The action was brought to recover for medical services rendered by the plaintiff for the defendant. The defense was malpraotioe.
The court erred in allowing Dr. Hamilton S. Quinn, a person duly authorized to practice physic and surgery, to disclose information which he acquired in attending the defendant, as a patient, in a professional capacity, and which was necessary to enable him to act in that capacity, contrary to the provisions of section 834 of the…
2Cases cited2 opinions
- Hope v. . Troy and Lansingburgh Railroad CompanyNew York Court of Appeals · 1888
- Barker v. . Cunard Steamship Company (Limited)New York Court of Appeals · 1898
3Cited by3 opinions
- Milligan v. Clayville Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Hethier v. JohnsAppellate Division of the Supreme Court of the State of New York · 1921
- Gunn v. RobinsonNew York Supreme Court · 1918