Potter v. Warner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1879, No. 115. This was an action on the ease, brought by John Warner, a minor, by his next friend, Albert Warner, against Dr. J. D. Potter, for alleged negligence and want of skill on the part of the defendant, a physician and surgeon, in the treatment of an injury received by the plaintiff.
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1879, No. 115. This was an action on the ease, brought by John Warner, a minor, by his next friend, Albert Warner, against Dr. J. D. Potter, for alleged negligence and want of skill on the part of the defendant, a physician and surgeon, in the treatment of an injury received by the plaintiff. The plaintiff, on November 21st 1872, when about the age of eight years, while playing about the track of a coal company in the city of Pittsburgh, was knocked down and run over by a coal car, the wheel of which…
1Opinion of the CourtJustice Mercur
This was an action on the case against the plaintiff in error, a physician and surgeon, for malpractice in treating the defendant in error. When about eight years of age the latter was run over by a coal car. The wheel passed over his leg near the ankle, thence up the outside of the leg cutting the tendons, muscles and ligaments at the knee. The evidence was conflicting as to whether the joint was dislocated or the bone fractured.
When a physician or surgeon takes the charge of a patient, he assumes an implied obligation to treat the case with reasonable diligence, carefulness and skill. It…
2Cited by8 opinions
- Wohlert v. SeibertSuperior Court of Pennsylvania · 1903
- Rothrock v. WolfeSuperior Court of Pennsylvania · 1930
- Somma v. United StatesDistrict Court, E.D. Pennsylvania · 1960
- McCartney Et Ux. v. HymanSuperior Court of Pennsylvania · 1938
- Routt v. ReadyDistrict Court, District of Columbia · 1920
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