Weekly journal-miner., 1918-03-20
MCCARTHY LOSES SUIT AGAINST
 DR. FLYNN
COURT INSTRUCTS JURY TO RETURN VERDICT III
 FAVOR OF DEFENDANT IN MALPRACTICE CASE; PLAINTIFF WILL APPEAL
(From Thursdays Oaily.)

Judge Crosby, occupying tn. bench during the trial of the action of Me Carthy vs. ,Pamsetgaaf, Inc, yester- day evening halted the case at the conclusion of the days session and directed the jury to return a verdict for the defendant, alleging that the plaintiff had entirely tailed to make out a case against pr. Finn, head of the defendant institution. Mccarthy in his complaint had alleged that Finn had been guilty of malprac- tice, and sought to collect damages amounting to S42,230 Attornc, Russell. representing the plaintiff, stated yesterday evening that the case would be appealed to the Arizona Supreme court.
 The trial was opened on Monday morning. Only three witnesses were examined during the entire two days, these being the plaintiff, Mccarthy, Dr. Finn and pr. J. B. McNally. Mccarthy occupied the stand most of yesterday morning. He added some details regarding the operation which Dr. Finn caused to be per formed on him at the Mercy hos pital. McCarthy's efforts were di- rected toward trying to prove that Finn had failed to make a quick and correct diagnosis of his case and also that the physician was at fault in sub jecting the plaintiff to the so-called sun cure" during the days that he was convalescent McCarthy's state ments were that Finn had retarded the recovery of his patient rather than speeded it up by reason of the treatment given the plaintiff after he left the Sisters hospital.
 pr. McNally, who performed the operation, testified to the conditions found at the time the opening was made. He said that the appendix was in tuberculous condition, and that in his opinion, Finn had used the proper methods of treating the case, both before and after the opera ton. The conditions present prior to the operation might have come from any of four varieties of inter- nal ailments, he said, and not until the appendix had been exposed by the operation were the physicians exactly certain just which of the complications had made the opera ton necessary.
 In directing the jury to return a verdict for the defendant, Judge Crosby stated that there were three primary reasons for such action. In the first place, the plaintiff had failed to show that his case could have been diagnosed any more quickly than was done by the defendant: second, that the plaintiff had failed to prove that he had suffered to any undue extent as the result of the alleged careless ness on the part of the defendant, and third, that the sun cure, to which he was subjected by Dr. Finn, was by no means an improper procedufG in such cases, and that the highe,, medical authorities of today would have approved of the treatment.
 The courts ruling gives judgment for the court costs against the plain tiff, although the judgment will not cover the attorneys fees on the de- fendant's side Dr. Finn was rep resented by Attorneys Anderson and Ellis and R. E. Morrison.
 Probate Matters
 Mrs. Mary Ellen Wolfe, mother of the late Oscar Reading, who died on January Both, yesterday filed a peti- ton with the Superior court asking for letters of administration in the estate of the deceased. The petition states that the sole asset of the es- tate consists of a damage claim against the Arizona Power Company, for which corporation the deceased worked at the time of his death. Young Reading is said to have come to his death as a result of disease contracted while working for the The matter of the appoint ment of an administratrix will come up for the courts attention on March 10th.
 A. H. Favour yesterday filed a pc. tition asking for the probate of the will of his late wife, Mrs. Ethel Fa- vour, who passed away in this city on December IS, 1917. The estate is valued at something like S4O0. The court has set the hearing of the peti- ton for April l2th.
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