Peterson v. Hart

PEDERSON, Justice.

This is a “classic” 52(a) 1 appeal where a decision has been made by a trial judge on conflicting evidence. Peterson’s complaint alleged that the negligence of Dr. Hart in treating his broken leg caused osteomyeli-tis. 2 Neither party demanded a jury trial (Rule 38(b), NDRCivP). The case was tried by Judge Beede, who found that Dr. Hart was not negligent. A judgment was entered dismissing the action on the merits and awarding costs of $4,156.80 to defendant. We affirm the judgment.

Peterson slipped and fell as he was entering his car and crushed his lower right leg between…