Stickleman v. Synhorst

The principal question for decision is the sufficiency of the evidence of claimed negligence of defendant Dr. Dorner in injecting oil into plaintiff’s trachea. At the close of plaintiff’s testimony the trial court held it was insufficient for submission to the jury. We disagree. Of course plaintiff is entitled to the most favorable construction of which the evidence is fairly susceptible. Wilson v. Corbin, 241 Iowa 593, 596, 41 N.W.2d 702, 704, and citations.

Defendant Dr. Synhorst advised plaintiff, a maiden lady, thirty-nine at time of trial, to have one of her breasts removed. As a…