Cady v. Fraser

This is an action against a physician and surgeon for damages for alleged malpractice. Plaintiff in his complaint alleges that he was treated by defendant for a fractured ankle; that in such treatment defendant failed to use proper care, and that he “refused to allow this plaintiff to obtain other medical aid or assistance, although repeatedly requested to do so by this plaintiff.” At the trial, the court granted a motion for dismissal for failure of proof. Of the three points specified here for reversal, two concern the sufficiency of the evidence to require submission of the case to the…