Nation v. Gueffroy

Petition for rehearing denied December 14, 1943

On Petition eor Rehearing

BELT, J.

On Petition for Rehearing:

It is respectfully urged that the court erred: (1) In holding that there is no substantial evidence tending to show negligence and (2) in reversing the judgment without remanding the cause for a new trial.

We adhere to the original opinion holding that expert testimony was essential to show negligence on the part of a physician or surgeon in adopting a particular method to revive a person from fainting.

The second question as to whether this court, in an action at law, after reversal of a…