This section contains the nature of the case and procedural background.

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.

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