Englerth v. Battersby

Glass, J.,

This is an action of assumpsit by the plaintiff to recover the sum of $300 for professional services in performing a surgical operation upon one Naomi Prendergast, who, while a passenger in an automobile of the defendant which was driven by him, was injured in an acci*243dent. The case was tried by a judge without a jury, and a finding was made in favor of the plaintiff in the said sum. We have before us motions for a new trial and for judgment for the defendant non obstante veredicto.

In view of the finding, all the evidence and proper inferences therefrom favorable to the plaintiff…