Emery v. Fisher

On general motion by defendant. Action for damages resulting from alleged negligence of surgeon. The case was recently before this court on defendant’s exceptions, Emery v. Fisher, 128 Me., 124. Exceptions were sustained, new trial resulted and verdict was a second time awarded to plaintiff.

The only present issue is whether or not the record contains evidence which, reasonably analyzed and interpreted, warrants the conclusion reached by the jury.

The plaintiff had been suffering from diseased tonsils which defendant was employed by plaintiff’s attendant physician, Dr. Hurd, with plaintiff’s…