Goodwin v. Hertzberg

This is a suit for personal injuries alleged to have been caused to the appellant Mrs. Goodwin by surgical malpractice of the appellee. After a long trial the jury disagreed and was discharged. The court refused to grant a new trial .and directed judgment for the appellee. The question is whether there was enough evidence of negligence to entitle appellants to a new trial.

In performing an operation in which it was necessary to use care not to perforate the patient’s urethra, appellee perforated it. On the witness stand he said “I must have made the opening myself in the process of operation.…