Maercklein v. Smith

Plaintiffs in error were defendants in the trial court where judgment was entered against them in g substantial amount. Both are physicians and surgeons regularly licensed to practice their profession in the State of Colorado and were so engaged at the time of the events hereinafter related.

In his complaint 'plaintiff alleged that on or about De*74cember 1, 1949, he consulted the defendant Maercklein who advised him that he was then in need of a circumcision; that plaintiff again consulted Maercklein (he testified that this was about two weeks prior to June 23, 1950) “and it was agreed that the…