Herlihy

Upon a trial by jury a verdict was rendered in favor of defendant Dr. Robertson Ward, and from a judgment entered on the verdict, plaintiff appeals.

The events leading up to this litigation cover a long period of time, commencing with an operation for the removal of a goiter performed upon plaintiff by Dr. W. I. Terry in March, 1926, at the University of California Hospital and continuing down to the arrest of plaintiff on July 27, 1929. Defendant took no part in performing the operation, but was chief resident surgeon at the hospital •at the time. He subsequently became associated with Dr. Terry, Ms father-in-law, in private practice. Shortly after the operation had been performed plaintiff began complaining about the results thereof and the alleged failure of Dr. Terry to bring her relief from her trouble. Plaintiff made frequent visits to see the doctors which we need not describe in detail. She appears to have been seriously disturbed mentally over her condition. She was obsessed first with the idea that Dr. Terry had permitted Mr. Fung, an interne, to perform the operation and subsequently with the idea that Dr. Terry had permitted defendant to do so. Her numerous contacts…