In re Byrne

'MAYER, Circuit Judge

(after stating the facts as above). 1. The first .question is whether the judgment is dischargeable. Section 17a of the Bankruptcy Law (Comp. St. § 9601) provides:

“A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as * * * (2) are liabilities * * * for wiiiful and malicious injuries to the person or property of another. * * * ”

The complaint nowhere alleged willful or malicious injury, but charged Byrne with having “unskillfully, carelessly, and negligently” treated the infant’s foot, and ankle. The testimony and the charge of…