Simonds v. Henry
Cases that cite this one
4 later published cases cite this decision.
- McTyeire v. McGaughy (Ala. 1930)
- Whitesell v. Hill (Iowa 1897)
- Allan v. State Steamship Co. (N.Y. 1892)
- Almond v. Nugent (Iowa 1872)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— The law impliés an undertaking on the part of apothecaries and surgeons, that they will use a reasonable degree of care and skill in the treatment of their
The instruction given was, “ that if the plaintiff has used all the knowledge and skill to which the art had at the time advanced, that would be all that would be required of him,” &c. It is undoubtedly correct, that no more would be required of Mm. But upon legal principles could so much be required of him ? We think not. If it could, then every professional man would be bound to possess the highest attainments, and to exercise the greatest skill in his profession. Such a requirement would be unreasonable.
The instructions given were erroneous and a new trial must be had.
Exceptions sustained.
New trial ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.