Fields Ex Rel. Fields v. Rutledge

WADDILL, Commissioner.

Jane Craig Fields, acting by her father as next friend, sued Dr. Charles C. Rutledge for $25,000 damages alleged to have been ■sustained by her by reason of his malpractice in performing a tonsillectomy. The jury returned a verdict for defendant and on appeal plaintiff insists the- court ■erred in: 1. not applying the res - ipsa loquitur doctrine; 2. the rejection of testimony; 3. refusing instructions offered by her.

There is practically no contrariety in the evidence. The issue being, do the admitted facts show negligence on the part of defendant ?

On April 19, 1954,…