Kaminsky v. Sarnoff

It was error for the learned trial justice to grant the defendant’s motion for nonsuit at the end of plaintiff’s case in chief. At that time the evidence presented an issue of fact *287whether the death of the child was caused by the failure of the defendant to perforin the operation for appendicitis in time. The answer admits the employment of defendant to operate upon the child, and the plaintiff’s evidence is that defendant examined her superficially about half-past ten in the morning when she was brought to the hospital, that he said that she had acute appendicitis, but that her appendix had…