Washington Reports Volume 82
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...purchased an ounce bottle of extract of cotton root, which she took in certain doses until all had been taken, and, according to all speaking with knowledge of the subject, cotton root is an abortive medicine, and when taken internally as plaintifl took it, will pro 'Reported in 144 Pac. 536. Opinion Per Monms, J. 82 Wash. duce an abortion within the time of plaintiffs miscarriage, depending somewhat upon the physical condition and susceptibility of the patient; since the proximate cause of the injury cannot be left to speculation and conjecture. Appeal from a judgment of the superior court for Pierce county, Chapman, J., entered February 16, 1914, upon the verdict of a jury rendered in favor of the plaintiffs, in an action for malpractice. Reversed. Harry H. Johnston, for appellant. Frank H. Kelley and G. C. Nolte, for respondents. Monms, J.--The respondent wife suffered a miscarriage, which she attributed to electrical treatment administered to her by appellant. The complaint alleged an erroneous diagnosis and a negligent application of electricity as the cause of the injury. The defense was a denial of any act on the part of appellant that would contribute to the injury sustained, with an allegation that the miscarriage was the direct result of an abortive medicine, known as extract of cotton root, which was taken with the design of producing a miscarriage. The cause was twice tried below. Upon the first trial, the jury disagreed; upon the second, the verdict was in favor of respondents. Error is urged in the denial of appellant's motion for judgment, and in the exclusion of certain statements made by Mrs. Coombs, to the effect that she would not have any more babies and that she had taken everything she could to avoid such...
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