GOODWIN v. HERTZBERG

No. 11513.

201 F.2d 204 (1952)

GOODWIN et al. v. HERTZBERG.

United States Court of Appeals District of Columbia Circuit.

Decided December 22, 1952.


Attorney(s) appearing for the Case

Philip W. Amram, Washington, D. C., for appellants.

John R. Daily, Washington, D. C., with whom H. Mason Welch and J. Harry Welch, Washington, D. C., were on the brief, for appellee.

Before EDGERTON, CLARK, and FAHY, Circuit Judges.


PER CURIAM.

This is a suit for personal injuries alleged to have been caused to the appellant Mrs. Goodwin by surgical malpractice of the appellee. After a long trial the jury disagreed and was discharged. The court refused to grant a new trial and directed judgment for the appellee. The question is whether there was enough evidence of negligence to entitle appellants to a new trial.

In performing an operation in which it was necessary to use care not to perforate...

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