Phillips v. Powell

This is an appeal from an order granting the defendants’ motion for a new trial.

The action is to recover damages for the alleged negligence and unskilfulness of the defendants in a surgical operation performed by them on the minor plaintiff. The operation is known as a tracheotomy and consists of the making of an incision in the trachea for the purpose of permitting air to reach the lungs of the patient. It is undisputed that the operation was performed upon the plaintiff, who ;was five years old, when he was suffering from laryngeal diphtheria, and that in the performance thereof the blade…