Yarberry v. Hertzler

The opinion of the court was delivered by

Smith, J.:

This was an action for damages alleged to have been sustained when defendant performed an operation upon plaintiff. Judgment was for defendant, sustaining a demurrer to the evidence of plaintiff. Plaintiff appeals.

The petition alleged that defendant performed an operation upon plaintiff on May 9,1934, for the removal of a part of her uterus, and that in performing the operation he used his instruments in a careless and negligent manner so as to cut an opening into the bladder of plaintiff; that plaintiff had had other operations to close this…