Brown v. Shyne

Brown v. Shyne - Cause of Action Negligence Title and...

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Cause of Action: Negligence Title and Citation: Brown v. Shyne , 242 N.Y. 175 (1926) Identities of the Parties: PL Brown is a woman who was having some back problems and needed some chiropractic treatment. D Shyne held himself out to be a person that could diagnose and treat disease, but he had no license to practice medicine. Procedural History: PL claims negligence on D for his treatment of her and causing her to become paralyzed. Jury sides for PL and awards her $10,000. Judge tells jury that if the D violated the statute to treat a patient when not possessing the proper skill, even if he knew what he was doing then you can fin him negligent. D appealed on judge’s statement to jury. Facts: PL employed D to give her chiropractic treatment, the D had no license to practice medicine, which under a statute is a misdemeanor, but he came off as someone that did. She had nine treatments with the D and later became paralyzed. Issue: Whether or not the judge erred in instructing the jury that if D attempted to treat
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