Dornon v. Johnston

Opinion by

Mr. Justice Cohen,

This appeal is from the refusal by the lower court, en banc, to remove a judgment of nonsuit entered at the close of the testimony presented by the plaintiffs.

That testimony disclosed that wife-plaintiff suffered a fracture of the left femur which was treated surgically by Dr. Johnston, Jr. with the assistance of Dr. Johnston, Sr. defendants in this action. Subsequent to the surgery wife-plaintiff was detained in the hospital for a period of approximately three months and was then discharged with instructions that she should not walk on the fractured leg.…