Sawdey v. Spokane Falls & Northern Railway Co.

The opinion of the court was delivered by

Anders, J.

Appellant instituted this action against the respondent to recover damages for the alleged malpractice of respondent’s surgeon in treating a fracture of appellant’s femur.

We deem it unnecessary at this time to set forth specifically all the facts disclosed by the record, for the reason that we are called upon at the threshold of the case to determine a question having no bearing upon the merits of the controversy between the parties to the action. The respondent moves to strike from the files of this court the brief of appellant, and affirm…