Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont Volume 80

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 Excerpt: ...skill and care. CAsa for malpractice in setting and treating a broken leg. Plea, the general issue. Trial by jury at the September Term, 1905, Orleans County, Munson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The defendant discharged the case March 30, 1904. The opinion sufficiently states the case. J. W. Redmond and B. F. D. Carpenter for the defendant. It was error to allow plaintiff's daughter to testify that when defendant came home at night he usually took the band ages off the leg "and he says it gets tired."-The testimony of such a witness is confined strictly to such complaints, expressions, and exclamations as furnish evidence of a present existing pain. Plummer v. Rice, 71 Vt. 118; State v. Fournier, 68 Vt. 262; Knox v. Wheelock, 54 Vt. 150; Kidder v. Bacon, 74 Vt. 263. Defendant 's offer to show that he had made successful use of the splint in question in the treatment of such fractures was improperly excluded. Darling v. Westmoreland, 52 N. H. 405; Brown v. R. Co., 22 Q. B. D. 391; Cleveland R. Co. v. Wynant, 114 Ind. 525; Topeka Water Co. v. Whiting, 58 Kan. 639; Hill v. R. Co., 55 Me. 438; Cr0cker v. McGregor, 76 Me. 282; Bemis v. Temple, 162 Mass. 324. It was error to allow plaintiflf to testify that he could not "run and travel" on the injured leg as he could formerly, and that he did not have so free use of his ankle as before the injury. This exacts too much of defendant. A physician or surgeon does not insure a cure, but is only required to have and use the requisite degree of care and skill. Hathorn v. Richmond, 48 Vt. 557; 22 Am. & Eng. Enc. 800; Pike v. Horn» singer, 155 N. Y. 201; Jewett v. Buck, 78 Vt. 356, 93 Am. St. Rep. 657; Ewing et al. v. Goode, 78...