A Treatise of the Law of Damages Embracing An Elemantary Exposition of the Law
A Treatise of the Law of Damages Embracing An Elemantary Exposition of the Law
J G Jabez Gridley Sutherland
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Monroe. 113 Mich. 683, 72 N. W. Rep. 7; Gulf, etc. R. Co. V. Brown, 16 Tex. Civ. App. 93, 40 S. W. Rep. 608; Bagley v. Mason, 69 Vt 175, 37 Atl. Rep. 2!:37; Montgom- ery & E. R Co. V. Mallette, 02 Ala. 209, 216, 9 So. Rep. 363; Louisville & N. R. Co. V. Snyder, 117 Ind. 435, 20 N. E. Rep. 284, 10 Am. St. 60, 3 L. R. A. 434; Watson v. Rinderknecht, 82 Minn. 235, 84 N. W. Rep. 798; Chicago & E. R, Co. V. Binkopski, 72 III. App. 22. In an action again. St a physician for malpractice he cannot esca...pe re- sponsibility because the plaintiff's condition is only in part attributable to his wrong. The jury must distin- guish, as best they can, the pain, suf- fering and injuries or ill-health of the plaintiff, so far as they are chargeable to the defendant, from such as he is not responsible for. Gates V. Fleischer, 67 Wis. 504, 30 N. W. Rep. 674. See next note; Miller V. Frey, 49 Neb. 472, 68 N. W. Rep. 630. The plaintiff may not recover for any aggravation of his injury result- ing from his voluntary imprudence in the use of his injured member.
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