58 N.H. 321 | N.H. | 1878
The plaintiff's injuries having been caused by a defective highway for which the defendants were in fault, the plaintiff is entitled to recover all damages resulting therefrom, unless such damages resulted in part from his own negligence. The degree of care and prudence required to be exercised by the plaintiff in the selection of a physician and surgeon, and the means used for his recovery and cure from his injuries, are the same as a traveller upon the highway is required to exercise in the selection of his horse, harness, carriage, and manner of driving. Tuttle v. Farmington, ante, 13. He is required to use ordinary care and prudence in all these particulars — such care and prudence as mankind in general exercise. Tucker v. Henniker,
The fact that the plaintiff was a physician and surgeon might enable him to make a judicious selection in the employment of his medical attendant, but it did not make him answerable for the success of his treatment, or require him to treat his own case. The jury were allowed to consider that fact in determining whether the plaintiff had exercised ordinary care. The instructions were sufficiently favorable to the defendants.
Judgment on the verdict.
FOSTER, J., did not sit. *323