Long v. Morrison

James Long was called as a physician to attend upon Mrs. Margaret Edmonds, wife of Joseph W. Edmonds. By malpractice, as is alleged, he caused her death. Her husband, Joseph W. Edmonds, is still living. This fact is shown by the record to have entered, as an element, into the case. Lewis B. Morrison, as administrator of said Margaret, sued Long to recover damages for causing her death, and obtained judgment of 2,000 dollars.

The first question arising is, will the action lie?

It will not lie, if founded on the tort, upon the common law. The right of such action on the case, by that law, died…