James v. Grigsby

*628The opinion of the court was delivered by

Harvey, J.:

This is an action for damages for malpractice. It was tried to a jury which made findings of fact and returned a general verdict for plaintiff. The defendant has appealed.

Appellant’s main contention is that the court should have sustained his demurrer to the evidence which makes it necessary for us to examine the evidence offered by plaintiff in chief.

The plaintiff, a man fifty-eight years old, was living on a farm with his mother, eighty-one years of age. On May 31,1920, he met with an accident in which the femur of his left leg was broken…