Ballance v. Dunnington

This action was brought to recover damages for alleged malpractice by a physician in the use of the X-ray. Plaintiff stepped on a needle and it broke off in his foot. Defendant treated him, and, plaintiff claims, so burned his foot in a negligent use of X-ray as to cause him great pain and suffering and the ultimate loss of his right foot, by necessary am putation, about eight inches above the ankle. A jury awarded plaintiff $15,000 damages. Defendant reviews by writ of error.

At the close of plaintiff’s proofs defendant moved for a verdict in his favor. The court denied the motion. The motion…