Butler v. . Lupton

This is a suit brought in behalf of the infant plaintiff to recover damages for a personal injury alleged to have been caused by the negligence and malpractice of the defendant, a practicing physician, while under his care as a patient. Under proper pleadings, and taken in the most favorable light to the plaintiff, the evidence tends to show that plaintiff, then twelve years of age and in the sixth grade, sustained a simple fracture of both bones of the right leg, some distance below the knee, caused by a log of timber falling upon it. The skin was not broken. She was carried to Dr. Lupton's…