a minor. He had passed his twenty-first birthday. Acting for him as his agent, if the mother signed the authority to use any anesthetic, with his knowledge and consent, or otherwise under circumstances so as to bind him on that feature, it could operate to release any contrary instructions previously given about the spinal anesthetic. On that feature, the plaintiff testified that he was not in the room when she signed the paper in the hospital; that what she signed concerning anesthetics was not within his knowledge; and that his authority to her was limited to having her sign for his admission. His mother's testimony tends to corroborate that.
On the defendant's side there was contrary evidence, to the effect that the plaintiff was in the room; that hethe effects of the general anesthetic and perhaps allow use of an anesthetic other than a spinal, presented another issue which the jury had to decide.
On that issue, the doctor's testimony was to the effect that he was required to proceed because the man's appendicitis was acute and in his opinion if not operated on the plaintiff would have died in two or three days.[2]
That testimony of the doctor was in conflict with the plaintiff's explanation of his condition earlier that day and at the time the operation was planned.[3]
*721 When the general anesthetic which was given first resulted in a bad reaction on the patient, the actual operation had not been commenced. This was not an instance of an operation in progress or partly completed, which could