Walter v. England

BURROUGHS, J., pro tem.

This is an action for damages for malpractice. The defendant is a dentist. A jury-awarded the plaintiffs the sum of $12,000. On motion for a new trial the court made its order that said motion would be denied on condition that the plaintiffs remit $4,500 of the judgment. The plaintiffs conformed to the condition and the motion was thereupon denied.

This is an appeal by the defendant from the judgment, and also from an order of the court denying his motion for a judgment in his favor, notwithstanding the verdict.

The first assignment of error is that the verdict is not…