Ayers v. Parry

MARSH, District Judge.

This action was instituted against a surgeon and an anesthetist for malpractice. Jurisdiction arises from diversity of citizenship and a claim for damages in ex•cess of the statutory amount. At the conclusion of the evidence presented on behalf of plaintiff the court below entered judgment in favor of the defendants and plaintiff appeals. The question raised by this appeal is whether plaintiff made out a prima facie case. A careful examination of the record convinces us that he did not, and the action of the learned trial judge should be sustained.

Since all the operative…