[DOWNLOAD] "Knief v. Sargent" by Supreme Court of Wisconsin ~ Book PDF Kindle ePub Free

eBook details

Title: Knief v. Sargent
Author : Supreme Court of Wisconsin
Release Date : January 01, 1968
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 52 KB

Description

The plaintiff Alfred H. Knief brought this action against the defendant James W. Sargent for malpractice, alleging the defendant
doctor was negligent in deciding to perform an open operation to remove a kidney stone and in failing to intubate the plaintiff's
ureter. The case was tried to a court and a jury. By a special verdict, the jury found the defendant was not negligent in
either respect. From a judgment dismissing the complaint, the plaintiff appeals. Basically only one question is raised on this appeal, i.e., whether the trial court erred in refusing to give an instruction
on res ipsa loquitur. Plaintiff requested the instruction based upon Fehrman v. Smirl (1963), 20 Wis. 2d 1, 121 N.W.2d 255,
122 N.W.2d 439, and Fehrman v. Smirl (1964), 25 Wis. 2d 645, 131 N.W.2d 314, and contends his facts come squarely within
those cases. The question involves not the form of the instruction but its availability in view of the direct proof of negligence
in the record.