Beni

This action for damages was brought by plaintiff for the death of his wife, Speme Beni, which he alleges resulted from the negligence of defendant.

Plaintiff alleges in his amended complaint that defendant is a physician and surgeon, and that as such he employed him to attend upon his wife during her pregnancy and the birth of the child; that during the period of pregnancy of his wife she was suffering from a tumorous growth in or about her uterus; that defendant failed, through his carelessness and negligence and lack of skill, to discover said tumorous growth, and permitted his wife to arrive at her time of delivery while suffering from said tumorous growth, and attempted to deliver her of said child while in that condition ; that his wife was in labor for twelve hours, and while the child was partly delivered said physician and surgeon negligently performed a Caesarian operation upon her; that as a result of said negligence and unskilfulness his wife suffered severe physical shock which caused her death. Defendant answered, denying the allegations of the complaint. The case was tried by a jury; a verdict was returned for defendant, and from the judgment thereon plaintiff…