(Download) "Thomas v. Merriam" by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: Thomas v. Merriam
- Author : Supreme Court of Montana
- Release Date : January 23, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
MALPRACTICE ? TRIAL ? APPEAL AND ERROR ? PHYSICIANS AND SURGEONS. 1. Trial ? Withdrawal of case from jury. Case should never be withdrawn from jury unless it appears as a matter of law that recovery cannot be had upon any view of facts which evidence reasonably tends to establish. 2. Appeal and Error ? Review on motion for non-suit. In reviewing trial courts action in sustaining motion for non-suit, reviewing court must deem every fact true which evidence tends to prove and must interpret evidence in light most favorable to plaintiff, even though evidence of his own witnesses be conflicting or contradictory. 3. Trial ? Interest of witness. Plaintiffs daughter was an interested witness, but her veracity, as affected by her interest, was a question for jury. 4. Physicians and Surgeons. Negligence of a doctor may be shown by his own admissions. 5. Physicians and Surgeons ? Evidence sufficient for jury. In malpractice action, evidence was sufficient to take case to jury on theory that doctor had been negligent with regard to irrigating "T" tube placed in common duct after gall bladder operation and that such negligence had caused damage to plaintiffs liver.