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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