Court of Appeals of New York
151 N.E. 197 (N.Y. 1926)
Brown (plaintiff) hired Shyne (defendant) to perform chiropractic treatments upon her. Shyne did not possess a chiropractic license, but held himself out as being able to diagnose illnesses and perform the disease. Shyne’s practice of medicine without a license violated the Public Health Law of New York and he was guilty of a misdemeanor. After receiving nine treatments from Shyne, Brown became paralyzed. She brought suit against Shyne for negligence. At trial, the trial judge instructed the jury that it could find Shyne liable for violating the Public Health Law and thus committing negligence per se, rather than being liable for medical malpractice. The jury found Shyne liable for negligence per se and awarded Brown a judgment of $10,000 for damages. Shyne appealed.
Rule of Law
Holding and Reasoning (Lehman, J.)
Dissent (Crane, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 240,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.