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Brown v. Shyne

Court of Appeals of New York
151 N.E. 197 (N.Y. 1926)


Facts

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

Issue

Holding and Reasoning (Lehman, J.)

Dissent (Crane, J.)

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