Kleine v. Houk

— This was an action by the appellant against the appellee, a physician, to recover damages for alleged malpractice in setting a broken arm.

The complaint which was in one paragraph was answered by a general denial. The issues thus formed were submitted to a jury for trial. At the conclusion of appellant’s evidence the appellee tendered and requested the court to instruct the jury to find for the appellee. Thereupon the appellant moved the court to instruct the jury peremptorily to find in his favor. The court denied said motion of appellant and sustained the said motion of the appellee. The…