McCoy v. Clegg

Potter, Justice.

This is a case of alleged malpractice by the defendant below while engaged in the practice of his profession as physician and surgeon. A judgment for $500 was entered against him upon the verdict of a jury. The action was brought in the name of Eleanor McCoy, a minor, by Tom McCoy, her father, as “her next friend.” The material averments of the petition are substantially as follows:

That on November 4, 1922, the plaintiff suffered an accident causing the fracture of her right collar bone; that the defendant was employed to set the broken bone and to attend plaintiff until she…