Jackson v. Burnham
Supreme Court of Colorado
Appeal from the Court of Appeals. This action was originally brought by Jesse R. Jackson, in the district court of Arapahoe county, against N. G. Burnham, to recover damages for malpractice.
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Appeal from the Court of Appeals. This action was originally brought by Jesse R. Jackson, in the district court of Arapahoe county, against N. G. Burnham, to recover damages for malpractice. The complaint avers, in substance, that the defendant was a physician engaged in the practice of his profession at the city of Denver; that plaintiff employed him to treat him for a malady from which he then suffered; that defendant entered upon such employment, and undei'took, as a physician and surgeon, to administer medicines and cure him of said malady; “ that said defendant did not use reasonable,…
1Opinion of the CourtJustice Goddard
The numerous errors assigned are directed to the admis*535sion of improper testimony and to the giving and refusing of instructions. Those assigned upon the admission of testimony are principally based upon the court’s permitting the expert witnesses on the part of plaintiff to answer the hypothetical question propounded — first, because it was not limited to undisputed facts; and, second, because it assumed facts that were not in evidence. This objection is not well taken upon either ground. A hypothetical question is framed upon the assumption that the evidence tends to prove certain facts, and…
2Cases cited6 opinions
- Cowley v. . People of the State of New YorkNew York Court of Appeals · 1881
- Patten v. WigginSupreme Judicial Court of Maine · 1862
- Guiterman v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1881
- Gottlieb v. HartmanSupreme Court of Colorado · 1876
- West v. MartinSupreme Court of Missouri · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Hood v. PhillipsTexas Supreme Court · 1977
- Lee v. State Board of Dental ExaminersSupreme Court of Colorado · 1982
- McGraw v. KerrColorado Court of Appeals · 1912
- Loudon v. ScottMontana Supreme Court · 1920
- Mallett v. PirkeySupreme Court of Colorado · 1970
25 more not listed; retrieve them via the Exa API.