Swanson v. Wasson

Appellant commenced an action against respondent, a licensed physician and surgeon, to recover damages for alleged malpractice. Upon the trial, and after all of the evidence was in and both sides had rested, respondent renewed a motion for nonsuit. The trial court treated the. motion as one for an instructed verdict, and thereupon instructed the jury to return a verdict for respondent, which instruction was complied with by the jury. Upon the verdict so returned, judgment was duly entered in favor of respondent, from which judgment appellant has appealed.

Error is sought to be predicated upon…