Worster v. Caylor

Appellant brought this action to collect damages from appellees for alleged malpractice in the performance of a surgical operation to correct an incisional hernia, in which, it is alleged, the surgeon negligently cut a small aperture in an intestine Of appellant, from which he suffered permanent injuries.

At the conclusion of appellant’s evidence appellees moved for a peremptory verdict in their favor. The motion was sustained, the peremptory instruction was given and the verdict was so returned, and a final judgment was rendered in favor of defendants.

A motion for new trial for the alleged…