Keown v. Young

The opinion of the court was delivered by

Harvey, J.:

This is an action for malpractice against a physician and surgeon who treated plaintiff for injuries sustained by him as a result of his being struck by a locomotive engine. As a bar to the action defendant pleaded that plaintiff had previously sued the railway company for his injuries and had settled that action. Plaintiff’s reply contained a general denial, but in it plaintiff admitted the filing of the former action, the settlement of it, and the execution of the release referred to in the answer. Defendant then moved for judgment on the…