Hall v. Partlow

This action was brought by W. H. Hall, as administrator of the estate of his deceased wife, Esther E. Hall, to recover damages for alleged malpractice of the defendant, a physician and surgeon, resulting, as alleged, in the death of Mrs. Hall. At the conclusion of the testimony, the trial court sustained a challenge to the sufficiency of the evidence to warrant any recovery in favor of the plaintiff, and entered a judgment dismissing the action. The plaintiff has appealed.

The first and principal assignment of error is the granting of the motion to take the case from the jury. There was a…