Ross

As administratrix of the estate of her deceased husband, the plaintiff commenced an action to obtain damages for malpractice. The defendant Arthur Hieronymus is a physician and surgeon. In her complaint the plaintiff joined as defendants several nurses who served the decedent during his last illness. Only Dr. Hieronymus answered and the action was tried before the trial court sitting with a jury. After all of the evidence had been received the defendant made a motion that a nonsuit be entered. The motion was granted and a judgment of dismissal was entered. The plaintiff made a motion for a new trial "which was denied. From the judgment the plaintiff has appealed.

■ Shortly prior to November 6, 1929, John McDonald Ross was ailing with a carbuncle on the back of his neck. On the date last mentioned he went to the office of Dr. Hieronymus for treatment. He returned for treatment on the 7th, 8th and 9th of November. Whether he returned on November 10th was a disputed fact. He did. not go to the defendant on the 11th, 12th and 13th days of November, but he did go on the 14th for a consultation only. On the 15th, under the defendant’s direction, he went to a hospital where he was under…