Lotten v. O'Brien

The complaint charged that on August 24, 1908, the plaintiff employed defendant as a physician and surgeon to set and heal the broken arm of plaintiff, and defendant on that day pretended to set said broken arm and continued thereafter to treat and care for the arm. Defendant so negligently, carelessly, and unskilfully conducted himself in setting and attempting to treat said broken arm that the arm was not set at all. The fráctured portions of the bone were not brought together and did not unite, etc., to plaintiff’s damage.

The action was commenced on November 13, 1909. The answer averred…