Berry v. Robertson

Appeal by plaintiff from adverse verdict, directed for defendant without hypothesis, by the trial court following the closing of plaintiff’s case. Defendant offered no evidence.

The complaint was in three counts, 5, 6, and 7, all charging malpractice in the treatment of plaintiff’s minor child, who died in the hospital following aspiration of a bean or pea into its right lung. Demurrers were sustained to Counts 1, 2, 3, 4, 8, and 9. At the conclusion of plaintiff’s evidence the defendant rested and requested in writing the general affirmative charge with and without hypothesis as to Counts 5,…