Jaeger v. Mitchell

Defendant seeks mandamus to compel the trial judge to set aside an order granting a motion for a new trial in a malpractice case in which defendant prevailed. The negligence charged consisted of defendant’s neglect in diagnosing and treating an injury caused by a fall. Defendant testified that at the time the plaintiff engaged him, he advised an X-ray examination, but that plaintiff refused to submit to one because, as she informed him, she had fallen on prior occasions and that her present injury was merely a bruise. On cross-examina tion, plaintiff testified that she never had suffered any…