Merker v. Wood

Opinion op the Court by

Chief Justice Sims

Reversing.

Mrs. Merker instituted this action against Dr. Charles P. Wood to recover $16,000 damages she averred resulted to her by reason of appellee’s alleged negligence and malpractice in reducing a fracture of her left leg. The answer was a traverse, followed by a plea of contributory negligence. At the conclusion of appellant’s evidence the court directed a verdict in favor of Dr. Wood and Mrs. Merker appeals. It is apparent that a brief resume of the evidence is necessary to determine the correctness of the trial judge’s ruling.

In the early…