Opinion
Gen. No. 9,364. (Abstract of Decision.)
Opinion filed January 8, 1940. Rehearing denied February 6, 1940.
MEDICINE AND SURGERY, § 16.2 — malpractice, judgment for plaintiff as improper. In action against doctor for wrongful death for negligently removing an apricot skin from the decedent's esophagus, puncturing the esophagus whereby mediastinitis developed and caused death, judgment for plaintiff was reversed where instruction spoke of the negligence as proximate cause of the injury, instead of using the word death, and several doctors for plaintiff when asked what the proper practice would be replied by stating what they would have done.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Winnebago county; Hon. A. E. FISHER, presiding. Reversed and remanded. Heard in this court at October term, 1939; opinion filed January 8, 1940. Rehearing denied February 6, 1940.
Early, Carpenter Early, for appellant;
B. Jay Knight, J. E. Goembel and Frederick H. Haye, for appellee.
"Not to be published in full."