Johnston v. Brother

This in an appeal by plaintiff from a judgment for defendant in an action for damages for alleged malpractice.

The gravamen of plaintiff’s complaint lies in his allegation that on or about June 29, 1957, he employed defendant to treat him for an illness and that on said date defendant so carelessly and negligently administered treatment as to cause serious illness and permanent injury to plaintiff. In general essence, this is repeated in the pretrial statement of facts submitted by him to the trial court. In his opening statement to the court and jury, plaintiff’s attorney again made clear…