Lawless v. Calaway

This is an appeal from a judgment of nonsuit entered in an action for malpractice which, it is claimed, resulted in the death of plaintiff’s minor son. In stating the facts we shall, in accordance with the settled rule in cases of nonsuit, disregard conflicts and consider the evidence most favorable to plaintiff.

On March 1, 1939, plaintiff’s twelve-year-old son, Donald, suffered abdominal pains with attendant vomiting and diarrhea. The boy was then living with plaintiff’s aunt, Mrs. Lashley, and on the following morning he was taken by her for treatment to defendant, a physician who had…