Morrill v. Tegarden

At the commencement of the trial of this cause in the district court plaintiff in error objected to the introduction of any testimony, for the reason that the petition was insufficient and did not state a cause of action. The objection was overruled, to which plaintiff in error excepted, and now assigns said ruling as error.

The action was for damages resulting from alleged malpractice in reducing and treating a fractured limb. The petition alleges the fracture, employment of plaintiff in error (defendant below), the undertaking on his part, the carelessness, negligence, and unskillfulness…