Wells v. Van Nort

By the Court.

Myrtle Van Nort sued the plaintiff in error, J. H. Wells,'in'the court of common pleas, alleging that she had employed him as a surgeon to perform an operation for appendicitis, and that such surgeon, in addition to removing the appendix, removed both fallopian tubes of the plaintiff without her knowledge or consent.

Defendant answered, admitting that he performed the surgical operation on the plaintiff, but denied every other allegation contained in the petition.

On the trial, plaintiff having introduced her evidence and rested her case, a motion of the defendant to arrest the…