Bang v. Charles T. Miller Hospital

Frank T. Gallagher, Justice.

Appeal from an order of the district court denying plaintiffs’ alternative motion to vacate the dismissal of their action against Frederic E. B. Foley, herein referred to as defendant, or for a new trial.

This was an action for damages for alleged assault or unauthorized operation by the defendant on his patient, Helmer Bang, referred to herein as plaintiff. The latter contends that the question as to whether he expressly or impliedly consented to the operating procedures involved was one of fact for the jury. At the close of plaintiffs’ case, the defendant moved…