Huntley v. Reed

This is an action for damages alleged to have resulted from defendant’s medical malpractice. Plaintiff appeals from a judgment for defendant based upon a jury verdict.

Defendant operated upon plaintiff for the removal of a cataract. There followed intermittent hemorrhaging, with bleeding into the anterior chamber of the eye, which subsequently necessitated the removal of the eyeball.

The first assignment of error we consider involves an instruction given to the jury out of the presence of and without any notice to counsel and of which no record was made. During its deliberation the jury sent a…