Revell v. McCaughan

This is a suit for damages for injuries on account of alleged malpractice of a physician. The defendant pleaded a settlement for said injuries, under the compensation statute, by the employer in whose service plaintiff was engaged at the time the injuries were received. This plea was held good, the suit dismissed, and the plaintiff appealed.

The facts are not in dispute. On November 29, 3929, while in the employ of one Lanning as a carpenter, plaintiff met with an accident and the defendant herein, a physician, was engaged by Lanning to treat plaintiff’s injuries, and did so. On April 1, 1930,…