Peterson v. Wells

Citations

• 41 Wash. 693
• 84 P. 608
• 1906 Wash. LEXIS 1038

Syllabus

<p>Malebactice — Negligence in Setting Bboken Leg — Evidence— Sufficiency — Question fob Juey. In an action for malpractice in setting a broken leg a prima facie case of want of skill and diligence is shown, and it is error to grant a nonsuit, where it appears from the testimony of the plaintiff that when the plaster cast was removed, after four weeks, the leg was found to he crooked and the plaintiff was very lame, walking on the side of the foot, that he went to a hospital and the leg was rebroken and reset, after which his condition was very much improved, and where an expert testified to the effect that if the leg was crooked when the case was removed it indicated something more than “a had result” and that it had not been treated with ordinary skill.</p>