Rothe v. Hull

This cause comes on reassignment after rehearing. Without quotation marks, we adopt a portion of the prior opinion.

Action to recover damages in the sum of $50,000 for an assault. In substance it is alleged that plaintiff employed the defendant, an osteopathic physician and surgeon, to remove her appendix; that in performing the operation he removed both her appendix and Fallopian tubes; that the removal of the tubes was without her consent and he thereby committed an assault. The answer is a general denial. Verdict for the defendant.

The court ruled that instructions Nos. IV and VII given at…