Nicholas

Plaintiff sued for damages for alleged malpractice. At the close of plaintiff’s case the trial court granted defendant’s motion for nonsuit. The plaintiff has appealed on a bill of exceptions.

This is the third trial of this cause. The first resulted in a verdict for plaintiff which was reversed by the Supreme Court on the grounds of insufficient evidence. (Nicholas v. Jacobson, 205 Cal. 577 [ 271 Pac. 1057 ].) The second trial terminated through the disagreement of the jury.

Plaintiff consulted Dr. L. P. Gilbert for medical attention to a condition resulting from varicose veins. He had previously been operated on by Dr. Ottinger for the same condition, but insisted that the operation had been unskilfully performed and had demanded money damages from Dr. Yecki, under whose direction the Ottinger operation had been performed. Dr. Gilbert took plaintiff to Dr. Jacobson, the defendant, who examined plaintiff and advised an operation. Some few months later plaintiff returned to defendant, submitted to a further examination, and on March 26, 1923, the defendant performed the operation whereby varicose veins were removed from the left scrotum. After the plaintiff returned to his home…