Barnes v. Bovenmyer

This is a law action by Leo V. Barnes to recover from Dr. D. 0. Bovenmyer, an eye specialist in Ot-tumwa, for loss of plaintiff’s left eye alleged to have resulted from defendant’s negligence in diagnosing and treating an injury thereto. At the close of plaintiff’s case the trial court directed a verdict for defendant because of claimed insufficient evidence. From judgment thereon plaintiff has appealed.

Ten grounds were asserted in support of the motion to direct. The first two were that plaintiff failed to offer evidence of his freedom from contributory negligence and was contribu-torily…