Moss v. Rishworth

SPENCER, J..

Defendant in error, William H. Bishworth, sued plaintiffs in error, Bobert E. Moss and Lewis K. Beck, for performing an operation upon his eleven year *226old child, Imogene, alleging that the operation, which resulted in the death of the child, was performed without his consent.

Imogene lived with her parents at Center Point, 60 miles distant from San Antonio. On May 8, 1910, the father placed her in the immediate care-and custody of her adult sister, Clara, and permitted her to go with her to San Antonio. Clara,* who had had three years’ experience in training to become a graduate…