Sawdey v. Spokane Falls & Northern Railway Co.

*351The opinion of the court was delivered by

Fullerton, J.

The appellant brought this action against the respondent to recover damages alleged to have been suffered by him because of the unsldllful and negligent manner in which he was treated for a fracture in the lower third of the femur of his left leg by the respondent’s surgeon. On the trial, at the close of the appellant’s case, the respondent interposed a challenge to the legal sufficiency of the evidence, which challenge the trial court sustained; taking the case from the jury and directing a judgment for the respondent. The challenge was…