McKelvy v. Barber

WALKER, Justice.

Our opinion delivered in this cause on March 4, 1964, is withdrawn and the following is substituted therefor:

Jim C.’ McKelvy, petitioner, brought this suit again Dr. Forrest C. Barber, respondent, to recover damages alleged to have resulted from negligent medical treatment. Respondent’s motion for instructed verdict at the conclusion of all the evidence was granted by the trial court, and the Court of Civil Appeals affirmed. 368 S.W.2d 38. As the case reaches us, the appeal presents two procedural problems and two questions of substantive law. We have concluded that respondent…