Johns

This is an appeal from a judgment, taken .within sixty days after the entry thereof, in an action wherein the plaintiff sought damages against the defendant, a physician, for negligently,- and without occasion therefor, performing upon her a surgical operation.

The plaintiff alleges in her complaint that the defendant informed her that she bad a fallopian tumor, and operated' upon her for its removal, when in fact the symptoms diagnosed as indicating the presence of a tumor were caused by pregnancy; and that five months later she gave birth to a baby boy weighing nine and one-half pounds. , As a result of the operation plaintiff alleges that her health has been permanently injured, and that she has suffered, and will continue to suffer, more or less pain in body and mind. Upon these facts she bases her demand for damages, placing the amount at twenty-five thousand dollars.

The plaintiff was a witness in her own behalf, and we may paraphrase her testimony as follows: “I shall have been married four years in January, 1916, and have since my marriage lived with my husband. The defendant attended me during pregnancy and at the time of the birth of my first child in the month of…