Court of Appeals for the D.C. Circuit June 29, 1961, 16114_1 (Frank J. Malloy v. Providence Hospital and John J. Leahy)

PRETTYMAN, Circuit Judge.

This is a civil action for damages by reason of alleged negligence. At the conclusion of the opening statement on behalf of the plaintiff, counsel for the defendants moved for judgment. In the course of the opening statement counsel for the plaintiff told the jury he would present certain hospital records as supporting his position.