McGulpin v. Bessmer

(dissenting) — I respectfully dissent.

Action for damages for malpractice, and, being a law action, it is before this court solely for the correction of assigned errors. Rule 334, Rules of Civil Procedure. A verdict having been directed at the close of the appellant’s testimony, he is entitled to have the same reviewed in its most favorable light. Roth v. Headlee, 238 Iowa 1340, 29 N.W.2d 923.

Four errors are assigned: (1) Failure to submit the res ipsa loquitur doctrine (2) sufficiency of the evidence to raise a jury question (3) failure to submit the question of abandonment to the jury, and…