Phifer v. Baker

Potter, Chief Justice.

Myrtle Baker, by Harry J. Baker, her father, as next friend, brought this action against the defendant, Fred W. Phifer, to recover damages for alleged malpractice as a physician and surgeon. A jury trial resulted in a verdict for the plaintiff upon all of the issues and assessing the damages in the sum of $10,000. The case is here on error for a review of the judgment rendered upon that verdict.

The material averments of the petition are: That the defendant is a practicing physician and surgeon located at Wheatland. That on the early evening of July 2, 1921, the plaintiff…