Carpenter v. Blake
New York Supreme Court
This action was "brought to recover damages from tl?e defendant for negligent and unskillful treatment of the plaintiff, by whom he had been employed as a surgeon and physician.
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This action was "brought to recover damages from tl?e defendant for negligent and unskillful treatment of the plaintiff, by whom he had been employed as a surgeon and physician. The action was tried before a court and jury, when it appeared that the defendant, who was a regularly practicing surgeon and physician, had been called in by the plaintiff, after a fall from a horse whereby her arm had been dish> eated at the elbow, and that thereupon the defendant had made an effort, in the usual method, to reduce the dislocation, and afterward remained in charge of the case. Thq plaintiff ’s arm…
1Opinion of the CourtDwight, J.
1 think the court erred in overruling the defendant’s objection to the question put to the witness, Dr. Campbell, “ Do you believe from what you have heard of the testimony in this case that this arm has been the subject of consecutive luxation ?”
In the first place it appeared that the witness had not heard *208all the evidence in the case, having been absent for twenty minutes while the plaintiff herself was testifying, and during which time evidence very material upon the point in issue may have been given.
But the question was obnoxious to a more general and serious objection. It called upon…
2Cited by7 opinions
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- Seymour v. . FellowsNew York Court of Appeals · 1879
- Gottlieb v. HartmanSupreme Court of Colorado · 1876
- Ayres v. Water CommissionersNew York Supreme Court · 1880
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