Richards v. Willard

Citations

• 176 Pa. 181
• 35 A. 114
• 1896 Pa. LEXIS 1060

Syllabus

<p>Practice, C. P. — Trial—Charge of court — Inadequacy.</p> <p>A charge is inadequate which fails to present to the consideration of the jury just what the issue was, by a statement of the matter of fact upon which the case turned, and a clear statement of the rules of law applica ble to the questions involved.</p> <p>Practice, C. P. — Malpractice—Surgeon—Inadequate charge.</p> <p>In an action against a surgeon for alleged malpractice where the plaintiff’s right of recovery depended upon the fact that there had been an actual fracture of the leg, and where the testimony on the part of the plaintiff tended to show that there was such fracture, and the testimony on the part of the defendant tended to show that there was no fracture, and the fate of the case in the hands of the jury absolutely depended upon the surgical testimony as to whether there was a fracture or merely a sprain, a charge is inadequate which contains no reference to the conflict of testimony among the medical experts, no explanation as to the expert testimony being such, nor to the effect which should be given it in determining the case, and no reference to the weight or character of the testimony on the two sides.</p> <p>Malpractice — Hospital surgeon — Negligence—Charge of court.</p> <p>On the trial of a charge of malpractice brought by a free patient against the surgeon of a hospital, where the greatly preponderating weight of the evidence disclosed the fact that the plaintiff had received proper treatment ; that it was more than probable that he would have been entirely cured had he remained in the hospital, and that by his prematurely departing he brought upon himself the evils which he attempted to charge upon the defendant, it was error on the part of the court to attempt to distinguish in its charge between the injury inflicted on the plaintiff supposing he was negligently treated up to the time of his leaving the hospital and the injury which resulted from his own negligence in leaving th