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HOHENTHAL v. SMITH

No. 7461.

114 F.2d 494 (1940)

HOHENTHAL v. SMITH.

United States Court of Appeals for the District of Columbia.

Decided July 22, 1940.

Attorney(s) appearing for the Case

Harlan Wood and Levi H. David, both of Washington, D. C., for appellant.

Austin F. Canfield and William T. Hannan, both of Washington, D. C., for appellee.

Before STEPHENS, MILLER, and RUTLEDGE, Associate Justices.

RUTLEDGE, Associate Justice.

The appeal is from a directed verdict and judgment for defendant Howard Lee Smith in an action for damages growing out of alleged malpractice in causing a subcutaneous needle to be broken off in the body of plaintiff Mary Eleanor Browning Hohenthal and failing to remove it promptly. The verdict was directed at the close of plaintiff's evidence, which, so far as pertinent to the issues on appeal, is substantially as follows:

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