Richard R. Riley, Joseph Sanella and George R. Aiken v. Arla Joan Layton, an Infant, by Her Guardian Ad Litem, Arnold L. Layton, and Arnold L. Layton

HILL, Circuit Judge.

The appeal is from a judgment rendered in a diversity suit upon a jury verdict in favor of plaintiff-appellees awarding them damages in the amount of $78,-745.00 for malpractice on the part of defendant-appellants.

On Saturday, September 24, 1960, Aria Joan Layton, who was nine years old at the time, fell from a tree and fractured both bones in each of her forearms. Her father, Arnold L. Layton, took her to the Kane County Hospital at Kanab, Utah, which is owned and operated by the three appellants as a partnership clinic and hospital. She arrived at the hospital at about…