Taylor v. De Vaughn

HAZLETT, J., pro tem.

Defendant appeals from a judgment against him and from an order denying his motion for a new trial. The order denying the new trial is not appealable (Code Civ. Proc., see. 963).

Plaintiff sued as mother of her minor son, and she alleged that she was damaged by reason of malpractice on the part of defendant, a physician and surgeon, in failing to give the minor the usual and necessary surgical care after he reduced a fracture of the minor’s left femur.

A companion action was brought against defendant by the minor for damages he alleged he suffered by reason of the alleged…