Lester v. Atherton

The question is whether or not an appeal has been properly perfected to this Court.

The trial below was of several days duration before a jury. A mistrial resulted as the jury was unable to reach a verdict.

The suit was based on the alleged negligence of the attending physician and the hospital at the birth of the plaintiff, allegedly causing serious injuries to the plaintiff. The alleged acts of negligence took *729place approximately twenty years prior to the filing of the suit.

After mistrial, the technical record reflects the following: (1) Defendant Ather-ton moved for a new trial on the…