Traverse v. Wing

After the decision reported as Traverse v. Wing, 256 Mass. 320, this action has been tried to a jury for the second time and is before us upon a bill of exceptions which presents the single question whether there was error in refusing to direct a verdict for the defendant.

The evidence differs in material respects from that which we held required submission to a jury. Any extended discussion of the differences has become unnecessary, in view of the ruling of the judge that the evidence would not justify finding that the plaintiff’s injuries were due to lack of sterility in novocaine used. No…