Smith v. Seibly

Shorett, J. †

This litigation results from a vasectomy operation performed upon the person of Albert G. Smith, the appellant, by the respondent, Walter W. Seibly, a practicing physician at Clarkston. At the time of the operation the appellant was 18 years old, married and the father of a child. He was gainfully employed, supported his family and maintained a home for himself, his wife and child. He was afflicted with a progressive muscular disease, myasthenia gravis, which is chronic and incurable and would possibly affect his future earning capacity and ability to support his family. Under…