Holton v. Burton

The extremely unfortunate and unusual result and permanent impairment to plaintiff’s arm following its dislocation January 1, 1924, before it can be made a legal liability against defendant, required a showing by plaintiff that the defendant failed in the discharge of the duty he owed to plaintiff in assuming as a surgeon to treat and care for plaintiff. Under the facts in this case the situation presented was pre-eminently one calling for expert testimony by witnesses qualified by knowledge and experience and able to determine and point out wherein such an unusual and unfortunate condition…