Utley v. Burns

Citations

• 70 Ill. 162

Syllabus

<p>1. Change of venue—notice required. Where the term of court commenced June 10, and a motion for a change of venue, without any previous notice, was made on June 17, the petition stating that the . knowledge of the cause for the change did not come to the applicant until since the commencement of the term, which was denied: Held, that the motion was properly overruled.</p> <p>3. Surgeon— degree of cave and skill required. Whatever may be the character of the injury a surgeon is called upon to treat, he is only held to employ reasonable care and skill—to exercise only that degree of skill which is ordinarily possessed by members of the profession.</p> <p>3. In a suit against a surgeon to recover damages for his alleged unskillful treatment of a broken limb, the court, at the instance of the plaintiff, instructed the jury “that the care and skill a surgeon should use in the practice of his profession should be proportionate to the character of the injury he treats; and if the jury believe, from the evidence, that the injury in question was severe, and that the defendant did not treat it with such skill as its severity reasonably demanded, and that the plaintiff was injured by the want of such skill and care, they will find for the plaintiff:” Held, that the instruction erroneously laid down the rule of law as to the degree of skill required of a surgeon.</p> <p>4. Instruction—effect of admitting affidavit for a continuance. Where an affidavit for a continuance on account of the absence of a witness was admitted, the court instructed the jury that they should attach no more weight “to the statements than would be attached to the statements óf a witness who does not disclose his means of knowledge, and who is not subject to cross-examinationHeld, that the instruction was erroneous, as it contained an intimation from the court that full confidence was not due to the statements contained in the affidavit, and a suggestion that the absent witness might not have had due m