99 Iowa 26 | Iowa | 1896
I. The following statement of facts that appear in the record will make plain the questions to be considered: On and prior to September 24, 1898, the defendant, Mrs. C. Y. Smith, resided in the city of Des Moines, and was engaged in the regular practice of medicine. On said day Ollie Newman, an unmarried woman, aged twenty-three, residing at the town of Swan, — and with whom and her family the defendant had been intimately acquainted for many years, — came to the defendant for treatment. Ollie Newman was then advanced between five and six months in pregnancy. She remained in the defendant’s home, and under her care and treatment, for three weeks from and after said September 24. On the morning of September 25, the defendant commenced treating Ollie Newman. On the morning of October 5, Ollie Newman had a miscarriage, and the controlling contention, is, whether the treatment she received at the hands of the defendant was intended to and did produce that miscarriage. According to the testimony of Ollie Newman, she was, aside from