McDonnell v. Monteith

The plaintiff, McDonnell, is a farmer residing near 'Hazelton, a small town in Emmons county, North Dakota. The defendant, Monteith, is a physician and surgeon practicing at Hazelton. On October 17, 1927, McDonnell, who was operating a threshing machine, had his right arm caught between the belt and the pulley* of the self-feeder. As a result he suffered a comminuted fracture of one of the bones (the radius) of the forearm. The flesh of the arm was badly bruised and lacerated and the skin was burned from the friction. He immediately went to the defendant for medical treatment. . He inquired…