Thackery v. Helfrich

The parties will be referred to in the relation they stood in the trial court. Plaintiff, Roy Thackery, an infant, sustained a fracture of a bone of his leg. He employed the defendant, Mart L. Helfrich, a physician, to reduce the fracture and to treat him during the time and process of the healing of such fracture. The leg when healed was crooked and shortened. He brought suit against the physician in malpractice.

The evidence tended to show that immediately after the defendant had reduced the fracture he was informed by another physician present that the two ends of the broken bone had…