Roberts Ex Rel. Roberts v. Gale

Caplan, Judge:

Elizabeth Ann Roberts, an infant, who sues by her mother and next friend, Ruth Roberts, instituted this action against the defendant, Richard O. Gale, a physician, for damages which she alleges she sustained as a result of the defendant’s negligence in administering certain medical treatment. In the trial of this case the court, at the conclusion of the plaintiff’s evidence, directed the jury to return a verdict for the defendant, entered a judgment for the defendant and dismissed plaintiff’s cause of action.

The plaintiff here complains that such action of the trial court…