James v. Spear

Plaintiff and appellant brought this action to recover damages from defendant and respondent (a physician practicing his specialty in eye, ear, nose and throat conditions) for alleged negligence resulting in injury to appellant’s right eye. Respondent was granted a nonsuit and the appeal is from the judgment following the order.

Appellant’s evidence discloses the following: Respondent undertook to treat a stopped tear duct, leading from appellant’s right eye so as to permit the duct to perform its function of draining lachrymal fluid from the eye. Appellant visited respondent 13 times for…