Champion v. Kieth
Supreme Court of Oklahoma
Appeal from the District Court of Garfield County; before James K. Beauchamp, Trial Judge. STATEMENT OR EACTS. This was an action brought by the defendant in error against the plaintiff in error to recover damages for injuries alleged to be the result of negligence and improper treatment of the defendant in error while under the care of the plaintiff in error, as a surgeon.
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Appeal from the District Court of Garfield County; before James K. Beauchamp, Trial Judge. STATEMENT OR EACTS. This was an action brought by the defendant in error against the plaintiff in error to recover damages for injuries alleged to be the result of negligence and improper treatment of the defendant in error while under the care of the plaintiff in error, as a surgeon. The record discloses that the defendant in error on the 5th day of February, 1903, while handling a sack of grain in a flouring mill in the city of Enid, where he was working, turned suddenly and his hip gave away; that…
1Opinion of the Court
Opinion of the court by
Pancoast, J.:
A number of errors are alleged in the petition in error, but only one is argued in the brief; that is, that the evidence at the trial failed; to establish negligence, or want of care. At the outset, it might be well to state the rule of responsibility governing practicing physicians and surgeons under such circumstances. ,Tt is that:
“He is never considered as warranting a cure, unless under a special contract for that purpose. His contract, as implied by law, is that he possesses that reasonable degree of learning, skill and experience which is ordinarily…
2Cases cited6 opinions
- Ewing v. GoodeU.S. Circuit Court for the District of Southern Ohio · 1897
- State v. HousekeeperCourt of Appeals of Maryland · 1889
- Tefft v. WilcoxSupreme Court of Kansas · 1870
- Board of County Commissioners v. Security BankSupreme Court of Minnesota · 1899
- Bigney v. FisherSupreme Court of Rhode Island · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- James v. GrigsbySupreme Court of Kansas · 1923
- Wright v. ConwayWyoming Supreme Court · 1925
- Karriman v. Orthopedic ClinicSupreme Court of Oklahoma · 1973
- Homer Reeg v. Dr. Dennis M. Shaughnessy and Jack D. Fetzer, M.D., Inc.Court of Appeals for the Tenth Circuit · 1978
- Edwards v. UlandIndiana Supreme Court · 1923
14 more not listed; retrieve them via the Exa API.