Shaw v. Klein

83 So. 20, 121 Miss. 411

• Court: Mississippi Supreme Court
• Decided: October 15, 1919
• Docket: No. 20962
• Status: Published

Opinion

Smith, C. J.,.

delivered the opinion of the court.

The appellee, a physician and surgeon, performed a minor surgical operation on the appellant, who after-wards instituted this action in the court below to recover of the appellee damages alleged to have been sustained by him because of the negligence of the appellee in performing- the operation. There was a verdict and judgment for the appellee.

One of the assignments of error presents for our determination the admissibility of the testimony of several surgeons that the appellee is a careful and skillful surgeon. The declaration expressly charges the appellee with the want of skill and care,” thereby putting his possession thereof directly in issue; consequently evidence thereof was admissible.

Whether this evidence would have been admissible in the absence of - such an allegation is not now before us. for consideration.

There is no merit in the other assignments of error.

Affirmed.