Walden v. Jones

Opinion op the Court by

Van Sant, Commissioner

Reversing.

This action was instituted by G-ary Phillip Jones, an. infant one year of age, by his next friend, Evy R. Jones, to recover damages for the loss of his eyesight allegedly caused by the negligence of the defendant, Dr. Harold L.. Walden, in failing and refusing to place nitrate of silver in his eyes at the time of his birth.

_ The defendant’s answer consisted solely of a general denial. At the close of the evidence for plaintiff and at. the close of all the evidence, defendant’s motion for a. peremptory instruction was overruled to which…