Barker v. Lane

• Decision Date: 22 July 1901
• Citation: Barker v. Lane, 23 R.I. 224, 49 A. 963 (R.I. 1901)
• Parties: BARKER v. LANE.
• Court: Rhode Island Supreme Court

49 A. 963

23 R.I. 224

BARKER

v. LANE.

Supreme Court of Rhode Island.

July 22, 1901.

Appeal from court of common pleas, Providence county.

Action by Margaret Leach Barker against Edward M. Lane. Judgment for plaintiff and defendant appeals. Judgment for defendant.

Charles E. Gorman, for appellant.

Hugh J. Carroll, for appellee.

PER CURIAM. The verdict in this case is clearly against the evidence. Whether the defendant used proper professional skill and diligence in treating the plaintiff's arm was a question which must be determined by the testimony of experts in medicine and surgery. A number of these were called, some by the plaintiff and some by the defendant, and they all substantially agree that the method of treatment adopted by the defendant was professional and proper. Taking their testimony in its strongest light in favor of the plaintiff, it only shows an error of judgment on the part of defendant in treating plaintiff's arm; and such an error, merely, is not enough to sustain an action of this sort. The treatment of which the plaintiff complains occurred in 1892, but no action therefor was brought until 1895. The case has now been tried five times, with varying results; and in 1897 a verdict for the plaintiff...