Gallagher v. Kermott

Birdzell, Ch. J.

Plaintiff sued for alleged negligence in the care of and treatment for an injury to his foot. The action was dismissed as to the defendant St. Joseph’s Hospital Association and judgment was rendered in favor of the plaintiff against the defendant Kermott, a physician, upon a verdict of a jury. A motion was made for judgment non obstante. The appeal is from the judgment and from the order denying the defendant’s motion. Ignoring allegations of negligence against the hospital as a defendant, the amended complaint charges the remaining defendant with inducing the father of the…