Fraser v. Sprague

Plaintiff appeals from a judgment of non-suit in a medical malpractice action arising out of an operation performed by defendant on plaintiff for the removal of the lesser saphenous vein.

The question is whether there was sufficient evidence to require the case to be submitted to the jury under a conditional res ipsa loquitur instruction.

A nonsuit may be granted “ . . . . only when, disregarding conflicting evidence, and giving to plaintiff’s evidence all the value to which it is legally entitled, indulging in every legitimate inference which may be drawn from that evidence, the result is a…