Wolf v. Retzlaff

Defendant broke the fibula and the tibia of his left leg, and employed plaintiff, who is a physician and surg’eon, to reduce and treat the fractures. For professional services rendered and expenses incurred between March 16, 1910, and April 20, 1910, plaintiff brought this suit to recover $239.35. Defendant admitted plaintiff’s employment, but pleaded malpractice, and demanded damages in the sum of $5,000. Upon the verdict of a jury, judgment was rendered in favor of plaintiff for $250.50. Defendant appeals.

Complaint is first made of the following instruction: “If you find for the plaintiff,…