Simon v. Freidrich

Motion to set aside judgment of dismissal and that a new trial be ordered. The action is against a physician for malpractice based on negligence. In brief, the evidence in behalf of the plaintiff proves that defendant had administered a number of treatments for nasal and sinus affections on occasions previous to the day of injury; that these treatments were comparatively painless and successful in alleviating the condition complained of; but that on the particular day of the injury the same treatment with the same drugs or medicines administered in exactly the same way, with ostensibly the…