109 Iowa 199 | Iowa | 1899
I. Appellant’s first contention is that the-evidence fails to« show negligence or want of care and skill on his part in treating the plaintiff. The evidence is in sharp conflict upon this issue, the issue was fairly submitted to the jury, and the verdict has such support as that, under the rules in such cases, it should not be set aside on this ground.
III. It is complained that in the ninth instruction-the court charged “that it may be immaterial whether any insect, or part thereof, was in fact in the ear of the plaintiff, or not, at the time it is charged he attempted- to remove same from the ear of the plaintiff.” No such language is-contained in that instruction. The complaint was probably intended to be directed to the sixth, but that instruction is in harmony with the allegations of the petition, and is not erroneous.
IV. Appellant complains of the overruling of his.motion for a new trial on the third and ninth grounds-thereof. The third ground is that Juror McAnulty declined
V. The ninth ground is because of newly-discovered evidence. The affidavits show that, after the verdict, defendant’s counsel, discovered that one Everett would testify to material conversations with the plaintiff as to her condition when she went to the defendant for treatment. It also appears that prior to the trial defendant was informed that Everett had had a conversation with the plaintiff about the
VI. The fourth paragraph of the charge was excepted to, and is as follows: “(4) One who undertakes the treatment or care of disease or an injury is bound to use and exercise the learning, skill, and prudence which is ordinarily employed by members of the profession generally, taking into-'consideration the improved methods and advanced