Bush v. Stanton

COLEMAN, Justice.

This is an appeal by plaintiff from a judgment for defendant rendered on the verdict of a jury in an action for assault and battery. Plaintiff’s motion for new trial was overruled and plaintiff severally assigns as errors the overruling of three grounds of the motion.

The defendant is a surgeon. He performed a hernia operation on plaintiff’s right side. Plaintiff contends that the parties agreed that defendant should operate on the hernia on plaintiff’s left side, but that defendant operated on plaintiff’s right side instead, contrary to the agreement and without plaintiff’s…