Kiley v. Dervin

The consolidated bill of exceptions states that this is an action of tort to recover for injuries arising out of the alleged “negligent attendance and malpractice” on the part of the defendant’s intestate, a physician, hereinafter referred to as the defendant. The plaintiff’s exception is to the entry of a verdict for the defendant under leave reserved, and the defendant’s exceptions are to the refusal of the trial judge to grant certain requests for rulings which are pressed in the event that the plaintiff’s exception is sustained.

The jury could have found the following facts: The plaintiff,…