Cowin

The present action was instituted by Ella Bertha Cowin, surviving wife, and Carol Cowin, a daughter of James Albert Cowin, against Dr. James E. Lindsay, a dentist, and Dr. Russell L. Johnson, an anesthetist, for the alleged wrongful death of Mr. Cowin, who passed away under general anesthesia in the course of the extraction of his teeth. Pursuant to a covenant not to sue, the action was dismissed as to Dr. Lindsay and in a jury trial verdict and judgment were in favor of Dr. Johnson. Plaintiffs appeal.

Error is assigned in the claimed refusal to give three instructions on the doctrine of res ipsa loquitur which were desig *63 nated by plaintiffs as instructions to be given on their behalf. They are set out in the margin.

*64 Defendant contends that the instructions were not requested but that if they were requested they were withdrawn before the jury was instructed. They were requested by listing their numbers under which they are identified in the book of approved jury instructions which is in common use. The parties understood that they had been requested and we deem the request to have been sufficient. But we are also of the opinion that the request was withdrawn by…