The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1920-02-13
LOWER COURT IS UPHELD
ORDER HANDED DOWN
BY HIGH TRIBUNAL
Minnesota Justices Render A
Opinion in MochIenbrock
Case Syllabus;

In an order filed today, the state
supreme court affirmc the order OF
the district court in the case of Fred
J. Moehlenbrock as administrator of
the estate of Albert R. Moehlenbrock
deceased, respondent, versus Parke
Davis and company, defendant and
John B. Rosenwald and Roy n An
drews appellants. The case is one
which aroused much interest when
tried in this city. Justice ]. Hallam
handed down the order.
The Syllabus Given.
The complete syllabus Of the case
was as follows: .....
One. The evidence in this case
was sufficient to sustain finding
that defendants surgeons, were
negligent in administering to
patient ether that was unfit for
use, and in their care after the
ether was administered.
Two. The skill and diligence
which the law requires Of a ply
stefan or surgeon is such as is
usually exercised by others of the
same school. He is not ordinarily
liable for mistake of judgment un-
less it is as marked as to con-
stitute negligence. If surgeon
persists in the use of an anaes
thetic after warning which would
impel one of reasonable prudence
to desist, he should be held to
answer for the consequences.
Three. Expert testimony for
plaintiff is not always necessary
in order to make proof of NAL
practice. Rule stated in Moratz-
Ky vs.. Wirth "a Mimi. lac, follow
ed.
Four. Other alleged errors pre-
sent no ground for reversal.
Order affirmed.
Body of Opinion.
In the body of the opinion rendered
the points of the appellants regarding
lack of evidence to show malpractice
exercise of skill and diligence, expert
testimony and other alleged errors are
discussed. The order states that the
instructions of the court to the jury
do not contain any reversible error
The order of the lower court is affirm
ed
The amount of the verdict is $500
Albert r. Moelenbrock died following
an operation for the removal of his
tonsils.
The Other Opinions.
Other opinions follow:
Jackson county: Town of Rost ver-
sus O'Co1nor. reversed with Dir;
Brown, commissioned and judge; Hal
lam and Dibell, judges, dissent.
Ramsey county: State ex rel Green
versus District Court of Ramsey coun-
ty, affirmed; Brown, compissioner and
judge.
Hennepin county: Heisch versus
Coulter, affirmed; Brown, commits
sioner' and Judge.
Dodge county: Beigler versus Cham
berlin, reversed; Holt, judge.
Ramsey county: Hage versus Drake
Marble and Tile company, affirmed;
Holt, judge.
Traverse county: Hanson ct al ver-
sus Milton, affirmed; Holt, judge.
County of Koochiching versus Nu-
veen and Company, affirmed; Hallam,
judge.
Newman versus st. Louis county;
reversed; Hallam, judge.
Cottonwood county: State eA rel
Fcss versus Nelson, reversed; Hal
lam, judge.
Blue Earti, county Moehlenbrock
versus Rosenwald ct al, affirmed; Hall
lam, judge.
Hennepin county: Schaff as receiv-
er ETC., versus Famechon company,
affirmed; Quinn, judge.
Beltrami county: Matter of delin-
quent taxes of real estate in Beltrami
county, Mimi, affirmed; Dibell, judge.
Ramsey county: Carlson versus
Pearson, superintendent of banks, af-
firmed; Dibell, judge.
Hennepin county; State versus Dali
as, reversed, new trial; Taylor, com
missioner; Hallam. judge dissents.
I st, Louis county: Newbold & Son
company versus Northern Dredge and
Ditch company, affirmed; Lees, COM
mfssionaf.e
BeltfaGhi county: State exrel Ber-
|quist versus district court of Beltrami