Lashley v. Koerber

This is an appeal from a judgment of non-suit in a malpractice action. The complaint alleges negligent diagnosis and treatment by defendant physician (by virtue of his failure to have X-ray pictures taken) of a fractured terminal phalanx of one of plaintiff’s fingers, and proximately ensuing damage. We have concluded that the evidence is not as a matter of law insufficient to support the essential averments of the complaint.

Plaintiff, her husband, and the defendant were the only testifying witnesses, Under well-established rules we must, in considering whether the judgment of nonsuit was…