Cornwell v. Sleicher

— This is an action for malpractice. On the trial in the court below, which was entered upon by the court sitting with a jury, the plaintiff was non-suited at the conclusion of his evidence, and appeals from the judgment later entered.

The evidence which the jury would have been entitled to believe, had the cause been submitted to them, was, in substance, this: The plaintiff suffered a fracture of a hone in his right arm through an accidental cause. The fracture was an oblique fracture of the radius, the fracture being about midway between the elbow and the wrist. The plaintiff lived in a…