McMillen v. Foncannon

The opinion of the court was delivered by

Harvey, J.:

This is an action for damages for malpractice. A demurrer to plaintiff’s evidence was sustained. He filed a motion for a new trial, which was overruled, and judgment was rendered for defendant. Plaintiff has appealed.

Plaintiff’s evidence is, in substance, as follows: About six o’clock on the evening of February 2, 1925, plaintiff, a workman, sustained an injury in which his right arm was broken below the elbow. Defendant, a physician and surgeon, was called to treat the injury. He took plaintiff to his office, made X-ray pictures of the…