75 Iowa 613 | Iowa | 1887
— The plaintiff, a physician, was called to treat Mrs. Alice Downing, a married daughter of the defendant first named in the title of the action. He removed from her uterus a mole, and she afterwards died from the effects of the operation. After her burial the body was disinterred, and a post-mortem examination was held, and the jury returned a verdict that she “came to her death by the use of instruments in the hands of Dr. Donnelly, of Tipton.” Plaintiff was held to bail for his appearance before the grand jury, but subsequently discharged upon habeas corpus. He was afterwards indicted for causing an abortion, and upon trial was acquitted. He alleges in his petition that his
Counsel for plaintiff think the court erred in failing to “group facts” in the instructions tending to show probable cause; relying upon Johnson v. Miller, 63 Iowa, 529. We do not think a failure to do this, when it is unnecessary to direct the minds of the jury to facts
In our opinion the judgment of the district court ought to be Afeiemed.