Coakley v. Hayes

Defendant in error, defendant below, was a physician residing in Burlington, Colorado. Plaintiff in error was thrown from a horse, and employed defendant to diagnose and treat his resulting injuries. This action is predicated on alleged negligence of defendant in examination, diagnosis and failure of proper treatment of certain of such injuries. At the close of the evidence, the court instructed the jury to return a verdict in favor of defendant, and the matter comes here solely on the question of the sufficiency of the evidence to justify that instruction.

After his injury, plaintiff was…