Hester v. Ford

Plaintiff, W. O. Hester, on jumping from a runaway' wagon, received what is known in surgery -as a Pott’s fracture at and near the ankle joint.

The defendant, Dr. L. H. Ford, is sued for negligent or unskillful treatment of the injury, to plaintiff’s damage.

Count 2 charges that “defendant negligently failed to use in and about the said diagnosis and treatment of plaintiff’s, injury reasonable care,” “skill,” or “diligence.” (Italics supplied.)

Count 4 charges “defendant failed to use in and about said diagnosis of plaintiff’s ankle” such “care,” “skill,” or “diligence” “as was reasonably…