February 10, 1894


JAMA. 1894;XXII(6):195-196. doi:10.1001/jama.1894.02420850023006

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Members of the medical profession are likely, as personal injury litigation multiplies, to be called more frequently to discriminate, if possible, between the effects, in given cases of disease, or an unhealthy internal condition, and of external injuries. A striking precedent is furnished by the decision of the Supreme Court of Michigan rendered Jan. 9, 1894, in the case of Shumway v. Walworth & Neville Manufacturing Company. This was an action brought to recover damages for the loss of certain fingers injured in a machine. But it was contended, on the other side, that the loss of the fingers was not the result of the injury, but was the result of the man's own condition, he being unhealthy. There was evidence tending very strongly to show that he was, previous to the injury, afflicted with a scrofulous disease; and the inference, perhaps was justified that such serious consequence would not

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