Riggs v. Gouldner

The opinion of the court was delivered by

Hoch, J.:

This was an action to recover damages for alleged malpractice by a physician. The case was tried by a jury which was unable to agree. It is here on appeal of defendant from orders of the court overruling a demurrer to the plaintiff’s evidence and overruling motions for a directed verdict and for judgment on the record.

Briefly, the facts are that Thelma Riggs, the plaintiff, was operated upon by Dr. R. M. Gouldner, a- physician and surgeon of Wichita, on September 7,1936, and that following the operation and upon the advice of Doctor Gouldner,…