Duckworth v. Bennett

Opinion by

Mr. Justice Schaffer,

We are here called upon to review the action of the court below, in giving binding instructions for defendant, a physician and surgeon, in a suit brought against him, in which it is alleged he was guilty of malpractice in treating a patient, the minor plaintiff.

Appellant, about sixteen years of age, fell on the floor of his father’s store, as a result, so he said, of his knee giving way. He went to bed, and, two days afterward, consulted defendant, a physician and surgeon of twenty-eight years’ experience, who was on the surgical staff of one of the Pittsburgh…