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DOBBINS v. GARDNER

No. 14679.

402 S.W.2d 804 (1966)

Margaret Wells DOBBINS, Appellant, v. Herman L. GARDNER, Appellee.

Court of Civil Appeals of Texas, Houston.

Rehearing Denied May 19, 1966.

Attorney(s) appearing for the Case

Phelps, Kilgarlin & Snell, Jim S. Phelps, Houston, for appellant.

Richard B. Miller, Houston, Baker, Botts, Shepherd & Coates, Houston, of counsel, for appellee.

COLEMAN, Justice.

This is a damage suit. The principal question to be discussed concerns the effect of conflicting answers made by the jury to the special issues submitted.

In answer to Special Issues 1 and 2 the jury found that a gauze pack was left in appellant's vagina and that this constituted negligence on the part of appellee.

Special Issues 3, 6 and 7, and the answers returned by the jury, follow:

Special Issue No. 3

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