Linn v. Piersol

ZOOK, J., pro tem.

In this action, defendant, a physician, appeals from a judgment in favor of plaintiff, Anna Linn, in an action for his alleged malpractice. His main point on this appeal is that there was no showing of negligence on his part sufficient to warrant sending the case to the jury, and that, therefore, -either his motion for nonsuit or his motion for a directed verdict should have been granted.

Respondents contend that this point cannot be - considered because the appeal was taken more than sixty days after the entry of the judgment. The case is one where the statute abolishing the…