Get more case briefs explained with Quimbee. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks ► [ Ссылка ]

Brown v. Shyne | 151 N.E. 197 (N.Y. 1926)

When a tort defendant violates a statute, a plaintiff may ask the court to accept that statute as the appropriate standard of care in the case. However, in order to prevail, the plaintiff must still prove that such violation caused his or her injuries. In the 1926 case Brown versus Shyne, New York’s highest court considered whether a person’s failure to obtain a medical license, as required by statute, could be considered evidence of negligence in a plaintiff-patient’s case.

Clara Brown hired Francis Shyne to provide chiropractic treatments for her back problems. At the time, Shyne didn’t have a license to practice medicine in New York, as required by statute. Nonetheless, Shyne held himself out as being able to diagnose and treat diseases. Shyne was later convicted in New York of a misdemeanor for practicing medicine without a license.

After receiving nine chiropractic treatments from Shyne, Brown became paralyzed. Brown then sued Shyne for negligence in New York Supreme Court. At trial, the judge instructed the jury that it could find for Brown if it found that Shyne’s treatment wasn’t in accordance with the standards of skill and care that prevail among medical practitioners. Additionally, the judge instructed the jury that violation of the statute alone could be considered evidence of negligence.

Subsequently, the jury found for Brown and awarded her $10,000 in damages. Shyne appealed the decision to the New York Supreme Court, Appellate Division, which affirmed. Shyne then appealed to the Court of Appeals of New York.

Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: [ Ссылка ]

The Quimbee App features over 16,300 case briefs keyed to 223 casebooks. Try it free for 7 days! ► [ Ссылка ]

Have Questions about this Case? Submit your questions and get answers from a real attorney here: [ Ссылка ]

Did we just become best friends? Stay connected to Quimbee here: Subscribe to our YouTube Channel ► [ Ссылка ]
Quimbee Case Brief App ► [ Ссылка ]
Facebook ► [ Ссылка ]
Twitter ► [ Ссылка ]
#casebriefs #lawcases #casesummaries

свернуть