Stephens v. Williams

BOULDIN, Justice.

The suit is under the homicide statute. Code, § 5696.

The cause was tried on counts 2, 3, and 4 of the complaint as amended.

Count 2 alleged that defendant, J. H. Stephens, a practicing physician and surgeon, “undertook to perform an operation upon plaintiff’s intestate, L. Williams, which said operation consisted in the removal of the tonsils of plaintiff’s said intestate,” and that defendant “so negligently performed said operation” that, as a proximate consequence, the intestate lost his life.

Count 3 avers, as in count 2, that defendant undertook to perform the operation…