Pike v. . Honsinger
New York Court of Appeals
eal from a judgment of the late General Term of the Supreme Court in the third judicial department, entered February 27, 1895, affirming a judgment in favor of the defendant entered upon a verdict directed by the court. By this action the plaintiff sought to recover damages from the defendant,' a physician and surgeon, for negligence in treating his knee, which had been injured by an accident.
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eal from a judgment of the late General Term of the Supreme Court in the third judicial department, entered February 27, 1895, affirming a judgment in favor of the defendant entered upon a verdict directed by the court. By this action the plaintiff sought to recover damages from the defendant,' a physician and surgeon, for negligence in treating his knee, which had been injured by an accident. On the trial, at the close of the evidence given in behalf of the plaintiff, a motion for a nonsuit was made and denied, but at the close of all the evidence the court directed a verdict in favor of the…
1Opinion of the Court
Vann. J.
As the case was not submitted to the jury we mast assume, on this review, that if they had been allowed to exercise their judgment they would have found all the facts in favor of the plaintiff that any reasonable view of the evidence would permit. Upon this basis the facts may be stated as follows: On the 2nd of May, 1888, the plaintiff, then forty-four yeai’s of age, with good health and sound limbs, had the patella or knee pan of his right leg broken by the kick of a horse. When the accident happened he was five miles from home and two and one-half miles from the village where the…
2Cases cited7 opinions
- Hitchcock v. BurgettMichigan Supreme Court · 1878
- Link v. . SheldonNew York Court of Appeals · 1892
- Carpenter v. . BlakeNew York Court of Appeals · 1878
- Smothers v. HanksSupreme Court of Iowa · 1872
- Patten v. WigginSupreme Judicial Court of Maine · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by178 opinions
- Jerry W. Canterbury v. William Thornton Spence and the Washington Hospital Center, a Body CorporateCourt of Appeals for the D.C. Circuit · 1972
- Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
- Littleton v. Good Samaritan Hospital & Health CenterOhio Supreme Court · 1988
- Schwartz v. Heyden Newport Chemical Corp.New York Court of Appeals · 1963
- Nash v. . RoysterSupreme Court of North Carolina · 1925
173 more not listed; retrieve them via the Exa API.