Winters v. Rance

This is a damage action, brought by the father and next friend of a minor, for malpractice in setting a frac*578tured elbow. After a trial in the district court, the jury returned a verdict for the defendant.

On the afternoon of June 30, 1927, the plaintiff, a 7-year-old boy, fell out of a tree and broke his right arm at the elbow. The father, Samuel L. Winters, an Omaha attorney, was out of town, and the mother called Dr. William T. Ranee, the defendant and appellee, who set the broken arm at the home in the evening, and the next day took the lad to the hospital and reset it.

In the petition the…