Seipp v. Howells

This was an action to recover damages for an alleged negligent, surgical operation performed by defendants upon the body of the plaintiff and defendants’ subsequent negligence in the treatment thereof. The cause was tried to a jury which returned a verdict in favor of the defendant Baylor but against the defendant Howells in the sum of $5,320, and a judgment was entered upon the verdict. On motion of the defendant Howells, the judgment was set aside and a new trial was granted, and plaintiff has appealed.

The grounds for the motion and upon which the court acted were two sets of instructions…