Otey v. Bradley

This appeal involves the correctness of the rulings of the trial court in sustaining the defendant’s demurrer to the plaintiff’s complaint and dismissing the action upon his election not to amend. The complaint is as follows:

“Plaintiff complains of defendant and alleges:

“(1) That Oliver S. Otey, age five is his minor son.

“(2) That on or about the second day of Sept., 1909, said Oliver S. Otey by accident broke or fractured his arm.

“(3) That plaintiff then employed defendant, who is a physician and surgeon, as such surgeon, for reasonable reward to be paid therefor, to set, treat and heal the…