Klingbeil v. Saucerman
Wisconsin Supreme Court
Appeal from an order of tlie circuit court for Green county: Geobge Gbimm:, Circuit Judge. Action for malpractice against the executor of the estate of Dr. Loofbourow based upon the breach of an implied contract on the part of the deceased to exercise proper skill and care in treating plaintiff’s broken leg. The answer pleaded in bar the failure of plaintiff to give the notice provided for by sub. (5), sec. 4222, Stats. 1913, to which plea the plaintiff demurred.
Read the full summary
Appeal from an order of tlie circuit court for Green county: Geobge Gbimm:, Circuit Judge. Action for malpractice against the executor of the estate of Dr. Loofbourow based upon the breach of an implied contract on the part of the deceased to exercise proper skill and care in treating plaintiff’s broken leg. The answer pleaded in bar the failure of plaintiff to give the notice provided for by sub. (5), sec. 4222, Stats. 1913, to which plea the plaintiff demurred. The court overruled the demurrer and the plaintiff appealed.
1Opinion of the CourtVinje, J.
This appeal raises the question whether the notice provided for by sub. (5), sec. 4222, Stats. 1913, must be given in order to maintain an action for malpractice based upon a breach of the implied contract on the part *61of the physician to exercise proper skill and care in the treatment of plaintiff. In Frechette v. Ravn, 145 Wis. 589, 130 N. W. 453, this court held that in such an action based upon tort the notice must be given, but expressly reserved the question here presented. The Frechette Case was followed in Lotten v. O’Brien, 146 Wis. 258, 131 N. W. 361. The part of the section in…
2Cases cited15 opinions
- Webber v. Herkimer & Mohawk Street RailroadNew York Court of Appeals · 1888
- Basler v. Sacramento Elec., Gas & Ry.California Supreme Court · 1913
- Staley v. JamesonIndiana Supreme Court · 1874
- Lotten v. O'BrienWisconsin Supreme Court · 1911
- Guile v. La Crosse Gas & Electric Co.Wisconsin Supreme Court · 1911
10 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Mayor v. DowsettOregon Supreme Court · 1965
- Bodne v. AustinTennessee Supreme Court · 1928
- Denzer v. RouseWisconsin Supreme Court · 1970
- Murray v. AllenSupreme Court of Vermont · 1931
- Patterson v. VincentSuperior Court of Delaware · 1948
28 more not listed; retrieve them via the Exa API.