Brown

This is an appeal by defendant, a physician and surgeon, from a judgment entered against him in an action for damages alleged to have been sustained by plaintiff as a result of carelessness and negligence of the defendant in and about the performance of a minor surgical operation. • Plaintiff at the time of the operation was a child ■of the age of six years. Defendant, as a surgeon, had advised the necessity of the removal of the child’s tonsils and adenoids, and pursuant to that advice the child was taken to a hospital' for the operation. There is evidence that at the time appointed for the operation the surgeon was not present, but that shortly thereafter he came in, evidently in haste and at once began preparations for the work in hand. The child was removed to the operating room of the hospital, in which room were present the defendant, an anesthetist and two nurses. A general anesthetic was administered,

and upon the child relaxing a contrivance referred to as a gag was inserted in'the mouth, the purpose of which was to hold the mouth open and control the tongue during ■ the operation. About a minute or two after the gag was inserted the surgeon noticed blood on the lips of…