Sweeney v. Erving
District of Columbia Court of Appeals
■ Hearing on an appeal by the plaintiff from a judgment of the Supreme. Court of the District of Columbia, on verdict, in an action for damages for alleged negligence.
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■ Hearing on an appeal by the plaintiff from a judgment of the Supreme. Court of the District of Columbia, on verdict, in an action for damages for alleged negligence. The Court in the opinion stated the facts as follows: Appeal from a judgment of the supreme court of the District of Columbia upon a verdict for the defendant in an action in case against William G. Erving, a physician, for negligence and unskilfulness in applying X-rays- to the back of plaintiff, Anne Sweeney, appellant here. To the plaintiff’s declaration the defendant pleaded the general issue. At the trial, the plaintiff’s…
1Opinion of the CourtJustice Robb
1. The court declined to rule that the fact that the plaintiff was burned in the course of the operation of the X-ray apparatus by the defendant, if the jury should find that fact to be established, was of itself evidence of negligence on the part of the defendant, and imposed upon him the burden of proving by a preponderance of the evidence that the plaintiff’s injury was not caused in whole or in part by his negligence, and granted the following prayer of the defendant: “The jury are instructed that the burden of proof is upon the plaintiff to establish by a fair preponderance of the…
2Cases cited17 opinions
- Ewing v. GoodeU.S. Circuit Court for the District of Southern Ohio · 1897
- Pike v. . HonsingerNew York Court of Appeals · 1898
- Staloch v. HolmSupreme Court of Minnesota · 1907
- State v. HousekeeperCourt of Appeals of Maryland · 1889
- Sheldon v. WrightSupreme Court of Vermont · 1907
12 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Jerry W. Canterbury v. William Thornton Spence and the Washington Hospital Center, a Body CorporateCourt of Appeals for the D.C. Circuit · 1972
- Morrison v. MacNamaraDistrict of Columbia Court of Appeals · 1979
- Christie v. CallahanCourt of Appeals for the D.C. Circuit · 1941
- Washington Hospital Center v. ButlerCourt of Appeals for the D.C. Circuit · 1967
- Creola Quick, Administratrix, Estate of Lawrence Quick, Deceased v. Roger G. ThurstonCourt of Appeals for the D.C. Circuit · 1961
22 more not listed; retrieve them via the Exa API.