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Introduction to Dana v. Brink Summons, 14 February 1843 [Dana v. Brink] Subpoena, 15 February 1843 [Dana v. Brink] Subpoena, 18 February 1843 [Dana v. Brink] Subpoena, 23 February 1843 [Dana v. Brink] Subpoena, 27 February 1843 [Dana v. Brink] Bill of Particulars, circa 2 March 1843 [Dana v. Brink] Execution, 10 March 1843 [Dana v. Brink] Trial Report, between 4 and 22 March 1843 [Dana v. Brink] Bond, 29 March 1843 [Dana v. Brink] Notice of Appeal, 31 March 1843 [Dana v. Brink] Subpoena, 4 April 1843 [Dana v. Brink] Subpoena, 7 April 1843 [Dana v. Brink] Supersedeas, 8 April 1843 [Dana v. Brink] Subpoena, 13 April 1843 [Dana v. Brink] Attachment, 19 April 1843 [Dana v. Brink] Docket Entry, between 31 March and circa 19 April 1843 [Dana v. Brink] Execution, 10 May 1843 [Dana v. Brink] Execution, 2 October 1843 [Dana v. Brink] Bond, 16 May 1843 [Dana v. Brink] Supersedeas, 16 May 1843 [Dana v. Brink] Docket Entry, Motions, 18 May 1843 [Dana v. Brink] Docket Entry, Motion Overruled and Continuance, 27 May 1843 [Dana v. Brink] Praecipe, 24 August 1843 [Dana v. Brink] Subpoena, 25 August 1843 [Dana v. Brink] Praecipe, circa 15 September 1843 [Dana v. Brink] Subpoena, 15 September 1843–A [Dana v. Brink] Subpoena, 15 September 1843–B [Dana v. Brink] Notice, 29 September 1843 [Dana v. Brink] Summons, 30 September 1843 [Dana v. Brink] Certiorari, 30 September 1843 [Dana v. Brink] Motion, 16 October 1843–A [Dana v. Brink] Motion, 16 October 1843–B [Dana v. Brink] Docket Entry, Motions, 16 October 1843 [Dana v. Brink] Docket Entry, Motions Overruled, 17 October 1843 [Dana v. Brink] Praecipe, 18 October 1843–A [Dana v. Brink] Praecipe, 18 October 1843–B [Dana v. Brink] Subpoena, 18 October 1843–A [Dana v. Brink] Subpoena, 18 October 1843–B [Dana v. Brink] Affidavit, 20 October 1843–A [Dana v. Brink] Affidavit, 20 October 1843–B [Dana v. Brink] Affidavit, 20 October 1843–C [Dana v. Brink] Affidavit, 20 October 1843–D [Dana v. Brink] Affidavit, 20 October 1843–E [Dana v. Brink] Docket Entry, Continuance, 20 October 1843 [Dana v. Brink] Praecipe, 5 November 1843 [Dana v. Brink] Subpoena, 25 November 1843–A [Dana v. Brink] Subpoena, 25 November 1843–B [Dana v. Brink] Praecipe, 6 March 1844 [Dana v. Brink] Subpoena, 11 March 1844–A [Dana v. Brink] Subpoena, 11 March 1844–B [Dana v. Brink] Subpoena, 11 March 1844–C [Dana v. Brink] Praecipe, 18 May 1844 [Dana v. Brink] Subpoena, 18 May 1844 [Dana v. Brink] Attachment, 20 May 1844–A [Dana v. Brink] Attachment, 20 May 1844–B [Dana v. Brink] Attachment, 20 May 1844–C [Dana v. Brink] Subpoena, 21 May 1844 [Dana v. Brink] Affidavit, 22 May 1844–A [Dana v. Brink] Affidavit, 22 May 1844–B [Dana v. Brink] Affidavit, 22 May 1844–C [Dana v. Brink] Docket Entry, Discharge from Attachment, 22 May 1844 [Dana v. Brink] Docket Entry, Jury Impaneled, 22 May 1844 [Dana v. Brink] Affidavit, 23 May 1844 [Dana v. Brink] Verdict, 23 May 1844 [Dana v. Brink] Docket Entry, Verdict and Motion, 23 May 1844 [Dana v. Brink] Motions, circa 23 May 1844 [Dana v. Brink] Docket Entry, Motions, 24 May 1844 [Dana v. Brink] Docket Entry, circa 27 May 1844 [Dana v. Brink] Docket Entry, Motions Overruled and Verdict Sustained, 27 May 1844 [Dana v. Brink] Praecipe, circa 27 May 1844 [Dana v. Brink] Case File Wrapper, circa May 1844 [Dana v. Brink] Docket Entry, Judgment, between 20 July and circa 18 October 1844 [Dana v. Brink] Docket Entry, Fee Bill, between 20 July and circa 18 October 1844 [Dana v. Brink]

Trial Report, between 4 and 22 March 1843 [Dana v. Brink]

Source Note

Trial Report, [
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, Hancock Co., IL], between 4 and 22 Mar. 1843, Dana v. Brink (Nauvoo, Hancock Co., IL Mayor’s Court 1843); “Decision,” Wasp, 22 Mar. 1843, [2]–[3].

Historical Introduction

See Introduction to Dana v. Brink.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Trial Report, between 4 and 22 March 1843 [ Dana v. Brink ] History, 1838–1856, volume D-1 [1 August 1842–1 July 1843] “History of Joseph Smith”

Page [2]

DECISION.
Charles R. Dana

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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,)
In
Assumpsit

An action brought to recover damages for breach of a simple contract or for the recovery of money, but not done under seal or by matter of record. Assumpsit was a form of trespass on the case.

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.
vs)
William B. Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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,)
Mayor’s Court, City of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
,
March the 2nd & 3rd, 1843.
This is an action of
assumpsit

An action brought to recover damages for breach of a simple contract or for the recovery of money, but not done under seal or by matter of record. Assumpsit was a form of trespass on the case.

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commenced by summons and brought by the
plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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to recover damages, as he avers in his
bill of particulars

“A detailed informal statement of a plaintiff’s cause of action or of a defendant’s set-off.” If a plaintiff makes a general declaration without specifying a cause of action, the judge may stay the proceedings and order the plaintiff to provide such a bill...

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, sustained by the
plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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by reason of the
defendant

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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s failing to perform his undertakings, as physician, in an usual and skilful manner, which he had undertaken by his employment and his engagement in attending as such physician the
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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of the
plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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in the city of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
in the year 1842, to do
$99,00.
Also for damage ssustained from the malfeasance and misfeasance of the
defendant

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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in the treatment of
plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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’s
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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while employed as physician by the
plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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to attend his said
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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at
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
in 1842; contrary to the
defendant

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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s undertaking as such physician, by reason of which bad acts and treatment of the
defendant

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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to
plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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’s said
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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in the premises,
plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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’s said
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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is greatly injured in her health and put to lasting pain and suffering; and the
plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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has thereby lost the services, company and comfort of his said
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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, since said bad treatment of
defendant

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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; and been put to pain, trouble, expense and anxiety not only from the present loss of his said
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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’s health, but also from well grounded apprehensions of the fatal consequences of the injury done to his said
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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, by said
defendant

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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in the premises, to his damage
$99,00.
After the witnesses were sworn for the
plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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, the
defendant

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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s counsel raised an objection to them, on account, that one school of physicians is arrayed against the other.
Plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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’s counsel replied that the physicians were only to give their evidence as an opinion of skill &c. for which he read Harrison’s Digest p 1047.
Defendant

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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’s counsel resumed, but the court decided that it could not determine the incompetency of the witnesses till there was something before the court to shew the fact; therefore the court heard the witnesses.
Mrs. [Prudence Marks] Miles

1 May 1795–9 Feb. 1852. Born in Pawlet, Rutland Co., Vermont. Daughter of Cornwall Marks and Sarah. Married first Josiah Browd Prescot, 24 Aug. 1814, in Pawlet. Married second Samuel Miles, 19 May 1825, in Pawlet. Moved to Genesee Co., New York, by 1826. ...

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— was at
plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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’s house, on Saturday the 22nd of October, 1842, when
Doctor Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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, the defendant, was called to administer to
plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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’s
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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, in a case of fever or diarrhea; this was about noon;
plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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’s
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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told
witness

1 May 1795–9 Feb. 1852. Born in Pawlet, Rutland Co., Vermont. Daughter of Cornwall Marks and Sarah. Married first Josiah Browd Prescot, 24 Aug. 1814, in Pawlet. Married second Samuel Miles, 19 May 1825, in Pawlet. Moved to Genesee Co., New York, by 1826. ...

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she did not expect to be confined then, nor for ten days, she had been injured by a fright;
witness

1 May 1795–9 Feb. 1852. Born in Pawlet, Rutland Co., Vermont. Daughter of Cornwall Marks and Sarah. Married first Josiah Browd Prescot, 24 Aug. 1814, in Pawlet. Married second Samuel Miles, 19 May 1825, in Pawlet. Moved to Genesee Co., New York, by 1826. ...

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went home, and was recalled about 11 o’clock at night;
plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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’s
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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had some pains then,
witness

1 May 1795–9 Feb. 1852. Born in Pawlet, Rutland Co., Vermont. Daughter of Cornwall Marks and Sarah. Married first Josiah Browd Prescot, 24 Aug. 1814, in Pawlet. Married second Samuel Miles, 19 May 1825, in Pawlet. Moved to Genesee Co., New York, by 1826. ...

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thought they were labor pains;
defendant

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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said he had given her medicine,— that her child was pitched one side— had given her Smut Rye, (Ergot) said the amnion fluids were discharged:
witness

1 May 1795–9 Feb. 1852. Born in Pawlet, Rutland Co., Vermont. Daughter of Cornwall Marks and Sarah. Married first Josiah Browd Prescot, 24 Aug. 1814, in Pawlet. Married second Samuel Miles, 19 May 1825, in Pawlet. Moved to Genesee Co., New York, by 1826. ...

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thought the
Dr.

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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hurt
Mrs [Margaret Kennedy] Dana

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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in his operations; he used force and violence, she screeched, and begged him to desist.
Mrs Dana

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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said she did not expect to be confined, nor did not know when she should be, nor did she know that the amnion fluids had discharged.
Witness

1 May 1795–9 Feb. 1852. Born in Pawlet, Rutland Co., Vermont. Daughter of Cornwall Marks and Sarah. Married first Josiah Browd Prescot, 24 Aug. 1814, in Pawlet. Married second Samuel Miles, 19 May 1825, in Pawlet. Moved to Genesee Co., New York, by 1826. ...

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saw the
Dr.

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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introduce his hand, per vagina; patient manifested great pain, and urged him to quit, said he was hurrying her too fast,
witness

1 May 1795–9 Feb. 1852. Born in Pawlet, Rutland Co., Vermont. Daughter of Cornwall Marks and Sarah. Married first Josiah Browd Prescot, 24 Aug. 1814, in Pawlet. Married second Samuel Miles, 19 May 1825, in Pawlet. Moved to Genesee Co., New York, by 1826. ...

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proposed having somebody else; has heard
Mrs Dana

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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say that
defendant

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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s’ treatment to her was the cause of her sickness since that time.
Mrs. Duel [Mary Deuel]— was present when
pliantiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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’s
wife

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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was confined on the 24th of October, 1842; was called on the 22nd at 11 o’clock at night.
Defendant

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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called upon witness to borrow a syringe, said
Mrs. Dana

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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was sick, and that he thought her child had been dead two or three days: when witness came,
Mrs. Dana

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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was in considerable distress;
defendant

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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thought she was ready for parturition, and would be delivered by three pains more.
Defendant

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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resorted to unusual means. Witness remonstrated against his course, to let nature have time; while
Mrs. Dana

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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screamed, do let me alone! you will kill me! do let go! but
defendant

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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was then plying his hand, and said he could not, for something would go back: had given ergot and pepper, said the child was wrong and must be turned before it could be born; that it was necessary to keep up irritation in order to create pains and hasten delivery. Witness proposed to have some one else called.
Defendant

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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opposed it, but finally consented. Witness saw patient next day at 11 o’clock, and she seemed free from pain.
Mrs. [Patty Bartlett] Sessions

4 Feb. 1795–14 Dec. 1892. Midwife. Born in Newry, York Co., Maine. Daughter of Enoch Bartlett and Martha Anna Hall. Married David Sessions, 29 June 1812, in Bethel, Oxford Co., Maine. Lived in Newry. Baptized into Methodist church, 1816. Moved to Andover,...

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—attended
Mrs. Dana

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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,
plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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’s wife, as an accoucheur, last October;
defendant

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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was there when
witness

4 Feb. 1795–14 Dec. 1892. Midwife. Born in Newry, York Co., Maine. Daughter of Enoch Bartlett and Martha Anna Hall. Married David Sessions, 29 June 1812, in Bethel, Oxford Co., Maine. Lived in Newry. Baptized into Methodist church, 1816. Moved to Andover,...

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arrived, shook her hand and held it fast sometime; said he had sent for
witness

4 Feb. 1795–14 Dec. 1892. Midwife. Born in Newry, York Co., Maine. Daughter of Enoch Bartlett and Martha Anna Hall. Married David Sessions, 29 June 1812, in Bethel, Oxford Co., Maine. Lived in Newry. Baptized into Methodist church, 1816. Moved to Andover,...

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because he had a very bad case; the child was wrong and dead; that the membrane was broken, and the amnion fluids escaped, and the child turned; had sent for
witness

4 Feb. 1795–14 Dec. 1892. Midwife. Born in Newry, York Co., Maine. Daughter of Enoch Bartlett and Martha Anna Hall. Married David Sessions, 29 June 1812, in Bethel, Oxford Co., Maine. Lived in Newry. Baptized into Methodist church, 1816. Moved to Andover,...

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because her hand was small, and she could turn it.
Witness

4 Feb. 1795–14 Dec. 1892. Midwife. Born in Newry, York Co., Maine. Daughter of Enoch Bartlett and Martha Anna Hall. Married David Sessions, 29 June 1812, in Bethel, Oxford Co., Maine. Lived in Newry. Baptized into Methodist church, 1816. Moved to Andover,...

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asked
defendant

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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what he had done; he replied nothing. What have you given her? he answered, nothing but a little nervine and cayenne pepper: however he admitted he had given one dose of ergot, of eleven grains;
defendant

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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had ergot of
witness

4 Feb. 1795–14 Dec. 1892. Midwife. Born in Newry, York Co., Maine. Daughter of Enoch Bartlett and Martha Anna Hall. Married David Sessions, 29 June 1812, in Bethel, Oxford Co., Maine. Lived in Newry. Baptized into Methodist church, 1816. Moved to Andover,...

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the previous week.
Witness

4 Feb. 1795–14 Dec. 1892. Midwife. Born in Newry, York Co., Maine. Daughter of Enoch Bartlett and Martha Anna Hall. Married David Sessions, 29 June 1812, in Bethel, Oxford Co., Maine. Lived in Newry. Baptized into Methodist church, 1816. Moved to Andover,...

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proceeded to examine
Mrs. Dana

1 Apr. 1807–15 June 1850. Born at Argyle, Washington Co., New York. Daughter of Alexander Kennedy and Sybil Cannon. Married first Mr. Lusk, ca. 1825. Married second Charles Root Dana, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence...

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,
plaintiff

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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’s wife, and by touching the child’s ear, discovered it was a natural presentation; and by examination of the fontanella found the child was alive by [p. [2]]
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Related Case Documents

Dana v. Brink, Hancock Co., IL, Circuit Court, 27 May 1844

Editorial Title
Trial Report, between 4 and 22 March 1843 [Dana v. Brink]
ID #
4218
Total Pages
2
Print Volume Location
JSP, D12:88–100
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