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121 Miss. 411

Shaw v. Klein

Mississippi Supreme Court

Decided October 15, 1919

Mississippi Supreme Court · decided 1919-10-15

Hon. R. W. Heidelberg, Judge. Suit by Jesse E. Shaw against Dr. K. T. Klein. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Cited by 2 later decisions — most recently June 1964

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1919-10-15

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Smith, C. J.,.

¶1delivered the opinion of the court.

¶2The appellee, a physician and surgeon, performed a minor surgical operation on the appellant, who after-*412wards instituted this action in the court below to recover of the appellee damages alleged to have been sustained by him because of the negligence of the appellee in performing- the operation. There was a verdict and judgment for the appellee.

¶3One of the assignments of error presents for our determination the admissibility of the testimony of several surgeons that the appellee is a careful and skillful surgeon. The declaration expressly charges the appellee with the want of skill and care,” thereby putting his possession thereof directly in issue; consequently evidence thereof was admissible.

¶4Whether this evidence would have been admissible in the absence of - such an allegation is not now before us. for consideration.

¶5There is no merit in the other assignments of error.

¶6Affirmed.

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