Rausch v. Cozian

Grace Rausch, a minor, by her next friend sued James Cozian and Mary Cozian to recover damages received by being struck by defendants ’ automobile in December, 1924. She alleges that these injuries resulted in incurable valvular heart trouble and chronic appendicitis. On January 10, 1928, the case came on for trial before a jury. The plaintiff failed to appear and her counsel represented that she was too ill to attend court at that time: Testimony of various witnesses was taken as to her condition, whereby it developed that the plaintiff had chronic appendicitis and that an .operation had…