Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1914-07-09

JURY FINDS FOR DR..
WOOD IN DAMAGE SUIT
Termination Of Long Trial Over
|. Alleged Negligent Treatment.
for treatment for certain sickness of
which she complained; that she ad-
vised him of all the symptoms known
to her and that on physical exam
ination made by the defendant, for
the purpose Of ascertaining the
source o. cause of the PLAINTIFF g
sickness, he failed to exercise the
usual care and diligence or to use
methods of diagnosis such as are
practiced by physicians and sur
geons of ordinary learning, judgment
and skill; and that in the course of
the examination he negligently used
an instrument known as speculu111,
and needlessly and unskillfully used
the same, also steel probe, and by
reason of such treatment and exam
ination plaintiffs symptoms were ag-
gravated and increased; that she be-
came and continued sick for a period
of three weeks and more thereafter
until on or about December 25, 1918,
as the result of such alleged unskill-
full treatment the plaintiff suffered
an abortion, being four months in
pregnancy, and was caused great
pain and sickness and asked damage
in the sum of $4,000.
There was no charge by the plain
tiff or evidence introduced to show
that the defendant has been request
ed or had attempted to perform any
criminal operation on the person of
the plaintiff. It was shown in the
testimony that the plaintiff nad been
married about twenty years and no
children had been born to the fam
lily. The employment Of DR.. Wood
began on November 80, 1913, and
the patient visited the doctor at his
ONCE on several occasions after
.Sards during the progress of the
| Treatment. s
The defendant denies explicitly
that his examination or treatment OF
the plaintiff was in any way negli-
gent or careless, and says the dag
nosis made and treatment given was
| the same as that Of other physicians
Of a. reputable character in this and
other similar localities. He stated
that the plaintiff came to him suffer-
ing from certain sickness from q
cause unknown to her, and that she,
the plaintiff, did not advise and in
form him of all the symptoms known
to her attending her sickness and
that no acts were done or performed
by him in such examination or 9th
erwise as caused or contributed to
the result alleged by the plaintih,
and that If such had been brought
about or caused by anything other
than the plaintiffs physical condi-
tion that the same was through neg
ligence and lack of care on the part
of the plaintiff herself.
The Jury in the case of Agnes NJ.
Pettey of Buchanan, plaintiff, v. W.
w. Wood, jamestown, defendant,
brought in a verdict in favor Of the
defendant. The case has been on
trial for the greater part of the
present week and has attracted at
tention on account of the number OF
unusual features and much expert
testimony which was introduced on
both sides. The complaint in sub
stance alleged that she was q mar
ried woman of mature age, and had
engaged the services Of DR.. Wood
Courts Instructions.
Judge Coffey instructed the jury
that physician is bound to bestow
on q patient such reasonable care,
| skill and diligence as other physi-
clans in the same or. similar locality,
in the same general line Of practice.
His engagement is not to cure the
patient unless he specifically agrees
| to cure, and does not insure or guar
antee his. treatment will be success
full. The mere failure to effect q
cure does not raise the presumption
of lack Of care or skin; it Is the
duty Of the patient to cooperate
with the physician, and IL she neg
of the two days holiday to camp out
along the shore. The lake season is
now we'll opened.
The "bowery" dance started at 2