Brisendine v. Hunt

James M. Brisendine brought his action for damages against Dr. Kenneth S. Hunt, a practicing physician and surgeon, for malpractice. The trial resulted in a verdict for the defendant; the plaintiff’s motion for a new trial was overruled and the movant excepted.

There being no demurrer in the case, it is deemed sufficient for the purposes of this decision to state somewhat generally the allegations of the petition. It alleges that in operating for hemorrhoids on April 25, 1928, the defendant negligently “cut, ruptured, and severed the sphincter ani muscle in petitioner’s body;” that when the…