Error to Wayne; Murfin, J.

Case by Nellie Adams against Thomas J. Henry for malpractice. A judgment for defendant, on a verdict directed by the court, is reviewed by plaintiff on writ of error.

This is an action against defendant, a physician, for malpractice. On December 26, 1907, plaintiff, who was then in an advanced state of pregnancy, claims to have received a jar while alighting from a street car which brought on premature labor. On that evening defendant was called and prescribed for her. Next morning, the 27th, defendant again called, and advised her that she would shortly be delivered. In the afternoon plaintiff’s condition continued to be serious, and she says she suffered great pain. During the afternoon defendant called upon her five or six times, the last time about 7 o’clock p. m. Upon the occasion of the last visit, plaintiff testified to the following statement made to her by the defendant:

• “He said he would send a trained nurse down, that my condition was growing worse, and that he would be there at 11 o’clock prompt, maybe a little earlier.”

Defendant did not return until 2 o’clock a. m. of the 28th. Plaintiff’s child had meantime been born at five minutes after 12 a. m. Plaintiff in her declaration sets out the contract of employment, and avers that defendant wantonly neglected and refused to give her the care and attention her condition required during parturition, and charges that—

“Through the wanton neglect and negligence of the defendant, she, the said plaintiff, was torn and lacerated, in and about the cervix or uterus, and unnecessarily suffered great pain and agony in giving birth to said' child without the proper medical attendance, through the wanton neglect and negligence of said defendant, and in and about the uterus, and was made to suffer great pain and agony by the wanton neglect and negligence of the defendant in wantonly and negligently refusing to call and attend said plaintiff as he, the said defendant, had promised so to do, and as it was his duty to do in and about the premises.”

Plaintiff further charged that defendant was negligent in his subsequent treatment of her, in that he had not himself repaired or advised the reparation of the lacerated parts. As to defendant’s knowledge of her condition, she testified that:

“ On. February 10th, when he made an examination after I was operated on (this operation was the curetting of the uterus), he told me that I had bad lacerations of the womb, and a bad tear. I asked if there was any way for those things to be repaired. He didn’t give me a definite answer.”

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