Scholte v. Brabec

Olsen, O.

Appeal by defendant from an order denying his alternative motion for judgment or a new trial.

The action is one to recover damages for alleged malpractice or negligence on the part of the defendant, a licensed physician and surgeon, in setting and treating plaintiff’s injured left arm. Plaintiff recovered a verdict, and defendant’s motion for jiidgment notwithstanding the verdict or, if that be denied, then for a new trial, was denied.

The court, in one part of its charge to the jury, gave this instruction:

“If the defendant was negligent and plaintiff not contributorily negligent, then…