Legal Opinion

MacKenzie v. Carman

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1905PublishedCited by 7 opinions

Appeal by the defendant, Albro R. Carman, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2d day of February, 1904, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 4th day of February, 1904, denying the said defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Ingraham, J.:

The defendants are physicians, and treated the plaintiff for a fracture of the bone of the arm about an inch above the wrist. Splints were applied to the arm to hold the broken bone in place, and when these splints were removed two black spots appeared on the surface of the wrist, which subsequently developed into ulcers and resulted in a permanent injury to the plaintiff’s arm, for which she sought by this action to hold the defendants jointly liable. The case was submitted to the jury, who found a verdict against both defendants, and from the judgment entered upon that verdict…

2Cases cited1 opinion

  1. Pike v. . HonsingerNew York Court of Appeals · 1898

3Cited by7 opinions

  1. Staloch v. HolmSupreme Court of Minnesota · 1907
  2. Loudon v. ScottMontana Supreme Court · 1920
  3. Wilson v. BlairMontana Supreme Court · 1922
  4. Butler v. RuleArizona Supreme Court · 1926
  5. McAlinden v. St. Maries Hospital Ass'nIdaho Supreme Court · 1916

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