Longan v. Weltmer

Decision Date01 March 1904
PartiesLONGAN v. WELTMER et al.
CourtMissouri Supreme Court

Appeal from Circuit Court, Henry County; W. W. Graves, Judge.

Action by Sue L. Longan against S. A. Weltmer and another. From a judgment in favor of plaintiff, defendants appeal. Affirmed.

Harkless, Crysler & Histed, for appellants. H. H. Blanton, C. G. Burton, and W. E. Owen, for respondent.

BURGESS, J.

This is an action for damages for injuries alleged to have been sustained by plaintiff by reason of the negligent, careless, and unskillful treatment by one of the employés of defendants, "magnetic healers," under whose treatment she was at the time for some derangement of the stomach. The suit was brought in the circuit court of Vernon county, but thereafter, on the application of plaintiff, the venue was changed to the circuit court of Henry county, where, upon a trial before the court and a jury, plaintiff recovered a verdict and judgment in the sum of $7,500, from which defendants, after unavailing motion for a new trial, appeal.

The salient facts of the case are about as follows: In January, 1899, plaintiff had malarial fever, in consequence of which she was confined to her bed for about eight weeks. About the 10th of March next thereafter, as she had not recovered from the effects of the fever, Dr. Henry Evans, of Sedalia, where she then was, was called to attend and treat her. She, at that time, was in a very weak and debilitated condition; had some stomach trouble. She remained at Sedalia, under the care and treatment of Dr. Henry Evans, until May 1st, when he advised her to go to Eldorado Springs for her health. She went to Eldorado Springs, and remained there for about three weeks, and returned to Sedalia, where she remained under the care of Dr. Evans until the middle or latter part of June, 1899. She went to Eldorado Springs again about the 15th or 20th of June, and remained there about one week. About July 1st she went to Nevada, Mo., to be treated for stomach trouble, at the institution kept and maintained by the defendants. On her arrival at defendants' institution she was directed to one Mallott, an employé of defendants called the "diagnostician" of their institution, for diagnosis of her case. Mallott diagnosed her case, and assigned her to A. L. Krewsom for treatment. Krewsom gave plaintiff a treatment each day for about one week, when she went again to Eldorado Springs, where she remained about one week, and returned to Nevada, and took treatments from Krewsom at said institution until August 13, 1899, when the took her last treatment from him. On the 13th day of August, 1899, A. L. Krewsom, while treating plaintiff at defendants' institution, placed her on her back on a padded table, and put one hand on her stomach and the other hand under her knees, and bent her so that her knees almost touched her breast. He then placed her on her stomach on the padded table, and put his left hand on the small of her back over her spine, and his right hand under her knees, and bent her legs up until she screamed with pain. These manipulations resulted in the following injuries: The ligaments connecting the backbone and hipbone were ruptured and torn, and the back and spine and pelvic organs were permanently injured. No one was present at the time these injuries were inflicted, excepting plaintiff and Mr. Krewsom, he having, a few days prior thereto, directed plaintiff's sister, who had been accompanying her to defendants' institution, to remain away, stating that the presence of a third person would probably prevent plaintiff taking the suggestions. From the moment of Mr. Krewsom's manipulations of plaintiff she suffered intensely and almost constantly for a number of weeks, with pains in the lower part of the back and through the hips, and finally her condition, on account of the injuries so inflicted, became such that it was necessary for her physician, Dr. Ammerman, to place her in a plaster of paris brace. Four days after she was injured by Krewsom she employed Dr. I. W. Ammerman, of Nevada, Mo., to treat her, and on that day he made a cursory examination. Two or three days afterwards he made a thorough examination, and found her in the condition above described. On September 6, 1899, Drs. Priest and Buchanan, of Nevada, Mo., in connection with Dr. Ammerman, made an examination of plaintiff, and on the 14th and 16th of September, 1899, Drs. Halley and Fulton, of Kansas City, Mo., respectively, examined her while confined to her bed in Nevada, Mo., with the results above set forth.

During the trial of the case all of the above physicians, as well as Drs. Evans, of Sedalia, and Gibbons and Shankland, of Clinton, made a thorough examination of plaintiff, and each of them testified to her injuries as above described, and that said injuries were permanent, and a majority of them testified that her life would be shortened thereby.

Plaintiff also read in evidence the deposition of Krewsom, wherein he admits that he manipulated plaintiff in the manner described by her, and at one time she complained that he hurt her.

Defendants did not offer any testimony as to the nature and extent of plaintiff's injuries, but introduced certain witnesses, residents of Nevada, who testified that they saw plaintiff indulge in certain calisthenic exercises, and to having gone buggy riding with Dr. Ammerman on several occasions after the time of the alleged injuries, and other evidence which tended to show that she had sustained no injury by reason of her treatment by Krewsom.

Over the objection and exception of defendants, the court instructed the jury as follows: "(1) The court instructs the jury that the defendants admit that at the time of the alleged injury to plaintiff they were co-partners. (2) The court instructs the jury that if you shall believe from the evidence that A. L. Krewsom was the agent, servant, or employé of defendants, and that, as such agent, servant, or employé, said A. L. Krewsom rendered treatment to plaintiff, then it was his duty to treat her with ordinary care and skill; and if you shall believe from the evidence that while he was treating her, as the agent, servant, or employé of defendants, he violently bruised, bent, twisted, or wrenched plaintiff's back or spine, and that such treatment was improper, and not such as an ordinary, careful, and skillful man would have given the plaintiff under the circumstances, you will find that defendants' treatment of the plaintiff by said A. L. Krewsom, as their agent, servant, and employé, was careless, negligent, and unskillful. (3) The court instructs the jury that if you shall believe from the evidence that A. L. Krewsom, as the agent, servant, and employé of the defendants, did carelessly, negligently, and unskillfully treat plaintiff, as defined in the previous instructions, and that by such treatment he did hurt, bruise, and injure plaintiff in and upon her back, spine, or pelvic organs, your verdict must be for the plaintiff. (4) The court instructs the jury that if from the evidence they find for the plaintiff, then, in estimating her damages, they will take into consideration the physical injury inflicted, if any, whether temporary or permanent, and the bodily pain and mental anguish endured, if any, by the plaintiff by reason of such injury, if any; and in assessing her damages you shall assess them at such a sum as you shall believe from the...

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