Hutton

In this action for wrongful death because of alleged medical malpractice, appellants, plaintiffs, concede that there is sufficient evidence to support the verdict for defendant physicians (the hospital was released by judgment of dismissal on demurrer, and no appeal was taken), but contend that the ease was a close one and that certain procedural errors caused a miscarriage of justice. The claimed errors are: (1) coercion of verdict and refusal by the judge to have requested testimony read to the jury; (2) erroneous refusal to admit a business record in evidence; and (3) error in striking affidavits of jurors at motion for new trial and abuse of discretion in denying motion for new trial.

Because the alleged errors are procedural ones, the statement of facts herein need but give an outline of the case at large; more particular references are made to the facts relevant to the asserted errors.

General Outline of Facts of the Case

On October 30, 1958, plaintiffs’ father, herein called decedent, was injured by being struck by assailants, and on November 10, 1958, he died. Meanwhile, he had been seen by the three physicians who are the respondents. The first doctor had never seen…