Holmes v. McKennan

This xvas a suit brought by Bayard Holmes against Joseph T. McKennan in the Boole Island Circuit Court to recover for the services of plaintiff, a surgeon, in performing an operation upon defendant’s wife. Defendant pleaded the general issue, and also a plea of set-off consisting of the common counts, and also various special pleas, some in set-off, and some in recoupment, all based upon alleged negligence and lack of skill in the conduct of the operation and in the subsequent care of the patient. U pon a trial defendant recovered a verdict against plaintiff for $1,000. A motion was…