Bailey v. Williams

This is an appeal in an action for malpractice. At the first trial the jury was unable to agree. The trial court declared a mistrial and ordered a new trial. The defendant appeals from the order overruling her motion for judgment in accordance with her motion for a directed verdict made at the close of the evidence and granting a new trial. Appellate review of such an order is authorized by section 25-1315.03, R. R. S. 1943, although no verdict was returned. In re Estate of Fehrenkamp, 154 Neb. 488, 48 N. W. 2d 421.

The plaintiff is 43 years of age. The defendant is a licensed physician who…