Chambers v. Tobin

This appeal is from a judgment entered upon a directed verdict in favor of defendant (appellee), a surgeon, in a damage action alleging negligence in setting and treating a broken wrist of plaintiff (appellant), resulting in deformity and disability to the forearm and hand. The verdict was directed at close of plaintiff’s case in chief, so the question is whether her evidence was sufficient to take the case to the jury.

The evidence in part showed that the fracture was of a common type, known as a “Colle’s fracture”; that the usual period for a union was from four to eight weeks; that casts…