Johnson v. Bank

Cox, Judge:

In this action of assumpsit instituted by Geo: Ben Johnson, a surgeon of Richmond, Virginia, against Mrs. Ida Bank, in the circuit court of McDowell county, there was a verdict of a jury and a judgment for the plaintiff for Five Hundred Dollars, being the amount of a fee claimed by him for the performance of a surgical operation upon Mrs. Louis Jaffe, a sister of Mrs. Bank. She obtained a writ of error to the judgment. The amount of the recovery is justified by the evidence if the evidence fixed a liability upon Mrs. Bank, the defendant. She complains of the giving to the jury of…