Pickett v. Aglinsky

PARKER, Circuit Judge.

This is an appeal from a judgment for plaintiff in a malpractice suit. There is evidence tending to show that the defendant physician negligently failed to remove a gauze or sponge which had been inserted in plaintiff’s arm in the course of an operation, and that plaintiff sustained damage as a result thereof. A number of questions are raised by the appeal; but, in the view which we take of the case, the only one which we need consider is that relating to the refusal of the court to direct a verdict for defendant on the ground that the action was barred by the statute of…