Hart v. Steele

HOUSER, Commissioner.

Rosa Lena Hart and her husband Harry brought a malpractice action against Dr. James C. Steele, a surgeon. Following a jury verdict for defendant the court, considering that it had improperly excluded certain evidence offered by plaintiffs, sustained plaintiffs’ motion for a new trial. Defendant appealed.

The parties have joined issue on the question of the admissibility of the excluded evidence but before reaching that point we consider first appellant’s point of chief insistence, that the trial court erred in failing to direct a verdict in his favor; that plaintiffs not…