State v. Yegge

Citations

• 19 S.D. 234
• 69 L.R.A. 504
• 103 N.W. 17
• 1905 S.D. LEXIS 29

Syllabus

<p>1. A person engaged in fitting glasses to the eye prefixed to his name the’ title “Dr.” on his sign, and on a notice explaining the science of ophthalmology, stating that by its assistance certain ailments would be cured without drugs or operations. The evidence tended to prove that ophthalmology is the science treating of diseases of the eye, and that the fitting of glasses for the relief of defective eyesight is a branch of the practice of medicine. Held, that he practiced medicine within Laws 1903, p. 202, c. 176, regulating the practice of medicine, and declaring every person prefixing the title “Dr.” to his name, or professing to be a physician, or prescribing any drug, “medicine, apparatus or other agency” for the care of any ailment, shall be regarded as practicing within the meaning of the act.</p> <p>2. The Legislature, in carrying into effect the act regulating the practice of medicine (Laws 1903, p. 206, c. 176), had the right to define, as it assumed to do in section 21 of the act, what evidence shall be deemed sufficient to show a practitioner of medicine within the meaning of the act.</p>