Thomason v. Hethcock

ROTH, J., pro te m.

This is an appeal from an order granting motion for a new trial. The order appears to have been granted on the ground that the evidence is insufficient to sustain the verdict of the jury. In any event, the sufficiency of the evidence to sustain the verdict of the jury is the sole question urged on this appeal.

Respondent is a physician, sued for malpractice. A recapitulation of all the facts is not necessary to present and decide the controlling question. An hypothetical question was put to' an expert called on behalf of appellant, which sufficiently and correctly summarized…