Berkholz v. Benepe

Plaintiff recovered a verdict of $3,500 against defendant, a physician and surgeon, for malpractice. A motion in the alternative for judgment notwithstanding the verdict or a new trial was made. The court denied the motion for judgment, but granted a new trial unless plaintiff consented to a reduction of the verdict to $1,800. Plaintiff filed his consent, and defendant appeals.

On December 1, 1920, plaintiff, while in the employ of Griggs, Cooper & Company, St. Paul, fractured both bones of his right leg a few inches above the ankle. He was taken to1 a hospital, and de-. fendant was called by…