Kritzer v. Citron

Plaintiffs sued defendants for damages resulting from an alleged, unauthorized operation upon Mrs. Kritzer following delivery of her third child. A jury having denied them relief, plaintiffs’ motion for a new trial was granted on the ground of misconduct of the jury. After defendants had appealed from the order, plaintiffs appealed from the judgment entered upon the verdict.

The primary issue at the trial was whether Dr. Citron was privileged as physician in charge to perform a sterilization operation following a normal birth. A poll of the jury revealed that the members stood 10 to 1 for…