Lewis v. Casenburg

By this suit the plaintiff sought to recover damages resulting from an X-ray burn inflicted upon his intestate, Mrs. Lewis.

The defense interposed was the idiosyncrasy or super-sensitiveness of the patient to the X-ray.

Prom the authorities it appears that this is about the only defense available in such case.

By idiosyncrasy it is meant that one patient is more •susceptible to a burn than some other patient under similar conditions; a departure from normal.

The trial court, at the conclusion of all the evidence, sustained a motion by the defendant for a directed verdict.

Upon appeal the Court of…