Dehaan v. Winter

On its former appearance here, this case, an action to recover damages for malpractice in setting and treating plaintiff’s broken leg, was reversed and new trial granted. See 258 Mich. 293, where facts are stated. It has been tried again. Plaintiff had verdict and judgment. Defendant has appealed. There must be reversal. As new trial is granted, we consider questions likely to arise again.

The former opinion held, in effect, an issue of fact. for the jury and granted new trial. On this record, not significantly different from the former record, there is, under the rule of law of the case and…