Reed v. John Gill & Sons Co.

ON Rehearing.

TRIMBLE, J.

— A rehearing and reconsideration of this cause makes us less disposed than ever to change the result reached in the original opinion.

The fraud charged in obtaining the settlement is that Dr. Enloe, who attended plaintiff upon and for a time after his injury, thereby secured plaintiff’s confidence in his skill and learning as a surgeon and in his integrity as a man, and knowingly and falsely stated to the plaintiff that his injuries were not permanent and that he would shortly recover from his then weakened condition, and that plaintiff relying upon such statements and…