Legal Opinion

Peterson v. Phelps

Supreme Court of Minnesota

Decided November 7, 1913No. Nos. 18,256—(68)PublishedCited by 6 opinions

Action in the district court for Mille Lacs county to recover $3,-075 for malpractice. The case was tried before Nye, J., and a jury which returned a verdict of $1,500 in favor of plaintiff. From an order denying defendant’s motion for a new trial, he appealed.

1Opinion of the CourtHolt, J.

Plaintiff recovered a verdict against the defendant, a physician, for malpractice. Defendant appeals from an order denying a new trial.

Defendant was called to attend the wife of a farmer in whose home plaintiff was employed as a domestic. Plaintiff was then suffering from a severe pain in the index finger of the right hand. As the physician had attended the wife and was leaving the house he was asked by the farmer, or plaintiff, if plaintiff’s ailment was a felon. He examined the finger and prescribed for it then, and also on the two subsequent times upon which he visited his other patient,…

2Cases cited3 opinions

  1. Dubois v. . DeckerNew York Court of Appeals · 1891
  2. McNevins v. LoweIllinois Supreme Court · 1866
  3. Peck v. HutchinsonSupreme Court of Iowa · 1893

3Cited by6 opinions

  1. Lyons v. GretherSupreme Court of Virginia · 1977
  2. Skillings v. AllenSupreme Court of Minnesota · 1919
  3. Travelers' Ins. Co. of Hartford v. BergeronCourt of Appeals for the Eighth Circuit · 1928
  4. Atkinson v. Kaizer Foundation Health Plan of the Mid-Atlantic States, Inc.Virginia Circuit Court · 1988
  5. Jacobs v. HarrisNorfolk County Circuit Court · 2014

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