Edwards v. Quackenbush

THE defendant in error, a young housewife, to whom we shall hereinafter refer as plaintiff, brought the action, here for review, against plaintiff in error, a physician and surgeon, hereinafter to be called defendant, and his then codefendant Dr. L. James Dixon, to recover damages in the sum of $25,000 allegedly resulting from the negligent severance of plaintiffs ileum (the lower portion of the small intestine) from the caecum (the cul-de-sac in which the large intestine begins) in the performance of an appendix operation, and negligently binding together of small loops of the small intestine, resulting in an almost complete obstruction therein. By an amendment to the complaint, plaintiff further alleged negligence of the defendant in his postoperative treatment. By his answer, defendant denied the allegations of the complaint as to negligence and damage; asserted that he had saved plaintiffs life and that in the performance of the appendectomy defendant had rendered his best services and exercised his best judgment, and counterclaimed for $110 allegedly owing from plaintiff for his services in that connection. Dr. Dixon, in his answer, stated that he had not participated in the operation beyond handing the surgical instruments used therein to defendant; that upon the basis of his observation, plaintiffs intestine was not severed and, upon information and belief, denied the remaining allegations of the complaint.