Luzzi v. Priester

(after stating the facts as above). In support of their contention that the verdict was contrary to the evidence plaintiffs in error say the only issue at the trial, “so far as liability was concerned,” was the one submitted to the jury, and then add:

“There was no evidence introduced in this case except the plaintiff’s testimony and the defendant’s, Dr. Priester’s, testimony; she declaring under oath that she gave the defendant positive instructions not to sever the sphincter muscle; and he declaring under oath that she gave him no such instructions.”

It is obvious from the statement quoted…