Stone v. Jerome

Circuit Court of the 3rd Circuit of Michigan

Decided July 1, 1877

Circuit Court of the 3rd Circuit of Michigan · decided 1877-07-01

Plaintiff is a hydropathic physician, and attended defendant’s wife during her last illness. Dr. Brown an allopathic physician, and Dr. Walker, a homeopathic physician, had previously attended her without benefitting her. Plaintiff sues for the value of his services. Defendant sets up in defence malpractice.

Relies on Leighton v. Sargent

Decided 1877-07-01

¶1The Court,

Walker,- J.:

¶2Held that in general a physician’s undertaking, like that of a lawyer, is that he will exercise ordinary skill. (27 N. H. 471.) If one knowingly employs one who is not a regular physician, the latter is only required to exercise his best skill. (27 N. H. 460, 472; El well on Malpractice, 22, 29.) Plaintiff has proved that he practiced according to the hydropathic school. Witnesses for defendant belong to other schools, and testify, that plaintiff’s practice was bad. But is one school to pass judgment on another ?

¶3Judgment for plaintiff for $112.19.

¶4(A. D., 1868.)