Nelson v. Murphy

Mallery, J.—The

The plaintiff appeals from a judgment of dismissal sustaining a challenge to the sufficiency of the evidence.

The plaintiff, a fifty-five-year-old married man, was employed at the Bayside Iron Works in a supervisory capacity, which required him to make himself heard above the din of operations in the machine shops.

In November, 1948, he called at the office of the defendant, Dr. Albert Murphy, for an examination to determine the cause of an excessive amount of phlegm in his throat. His voice was “perfectly fine and normal.” He was able to sing and to carry on his work…