Roark v. Peters

REHEARING OPINION

REYNOLDS, J.

Plaintiffs, appellants, ask for a rehearing on three grounds

I

That the 'court erred in holding that—

“The question in this case is not whether Doctor Peters was careless in leaving the sponge in Mrs. Roark’s abdomen because it may be conceded that he was guilty of a degree of negligence in doing so, but the ■ question is, whether . he used that degree of care and caution in removing the sponges and checking them up and having them accounted for previous to the closing of the wound which is required of surgeons in such cases.”-

And in still refusing to give judgment…