Martineau v. Nelson

Considered and decided by the court en banc.

Kelly, Justice.

Plaintiffs appeal from an order of the district court denying their motion for judgment notwithstanding the special verdict and a new'trial against defendant Dr. Carleton A. Nelson on the issue of damages or for a new trial against both defendants. We reverse with instructions to grant a new trial against both defendants on the issues of their negligence and the contributory negligence of plaintiff wife, and on the issue of damages.

This is an action by plaintiffs, husband and wife, against two physicians for alleged malpractice and…