Paulich v. Nipple

The opinion of the court was delivered by

Porter, J.:

The action was to recover damages alleged to have resulted from the malpractice of a physician and surgeon. The defendant appeals from an order setting aside a judgment in his favor and granting plaintiff a new trial.

The plaintiff was nineteen years old when he was injured by the fall of a heavy mass of rock from the roof of a mine where he was digging coal. The accident resulted in the fracture of the femur' of the right leg, about three inches above the knee. *802The petition alleged that defendant was employed to treat the injury and reduce…