Donnelly v. Burkett

— The plaintiff, a physician, was called to treat Mrs. Alice Downing, a married daughter of the defendant first named in the title of the action. He removed from her uterus a mole, and she afterwards died from the effects of the operation. After her burial the body was disinterred, and a post-mortem examination was held, and the jury returned a verdict that she “came to her death by the use of instruments in the hands of Dr. Donnelly, of Tipton.” Plaintiff was held to bail for his appearance before the grand jury, but subsequently discharged upon habeas corpus. He was afterwards indicted for…