MOHR v. WILLIAMS Sup. Ct. of Minn., 95 Minn. 261, 104 N.W.12 (1905). CASE BRIEF

MOHR V. WILLIAMS

Sup. Ct. of Minn., 95 Minn. 261, 104 N.W.12 (1905)

NATURE OF THE CASE: This case was an action to recover damages for a battery.

FACTS: Mohr (P) was admitted to nonemergency surgery for her right ear after an examination by Williams (D), an ear specialist. After D began the operation on P's right ear, he concluded that the right ear was not serious enough to warrant an operation but he found that the left ear would require an operation. The condition in the left ear was not life threatening but it needed surgery. D operated on the left ear without reviving P to ask her permission. The operation was successful. P sued for battery. The trial in the court below resulted in a verdict to P for $14,322.50. A new trial was granted on the grounds that the damages were excessive. D's motion for a judgment n.o.v. was not granted. Both parties appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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