Reports of Cases Decided in the Supreme Court of the State of Oregon, Vol. 3 - new book

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: a reasonable time after the levy shall be kuowu to him. It is too late, for one knowing of the levy from the first, to set up the claim after sale. (Code sec. 279.) The plaintiff should recover from the defendants Thompson and Martin for the detention, from the time of the seizure of the property to the levy of the execution. The plaintiff had a verdict for $24.00. Circuit Court For Multnomah County, Novemrer Teem, 1869. B. S. BOYDSTON v. J. S. GlLTNER. Pleading.?The complaint contained the following statement: "The fracture was a simple fracture, and one that could easily havo been reduced and caused to heal and become strong by a surgeon of ordinary skill, by ordinary diligence and care," and the statement is not denied by the answer." Held, that it is admitted that the fracture is a simple fracture, but the statement that the injury could have been cured, etc., is a conclusion, and is not to be deemed admitted. Expert.?Opinion.?A medical expert was not permitted to give his opinion in regard to the skill of the defendant, but was allowed to state how [with what degree of skill] the defendant performed a certain surgical operation. Williams v. Poppleton, referred to. Surgeon, Discretion or.?If a surgeon purposely refracture a broken arm without informing the patient of the nature of the operation, it does not follow from that fact alone that he was guilty of bad surgery. Gross Ignorance .?But if the arm was refractured by the defendant because of gross ignorance or the want of ordinary care or skill, that act of itself renders the defendant liable. Compeomise Verdict.?Jurors not to compromise in this class of cases contrary to the individual juror's convictions of the truth. The complaint alleges that the bones of plaintiffs right arm were broken about...