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Plaintiff was injured in an automobile accident and received medical and surgical treatment necessitated thereby. In 1940 she sued Robert Wubben, the negligent motorist, and recovered judgment in the sum of $15,000. Upon payment by Wubben of $5,753.22 the judgment was satisfied of record and plaintiff signed a document releasing him from further liability.

In August, 1941, plaintiff brought the present malpractice action against W. S. Mortensen and W. L. Mortensen, the doctors who treated her injuries. Among other things, it was alleged that defendants negligently treated a fracture of the femur bones by failing to secure them in position, and that, notwithstanding the fact that an X-ray picture showed the bones were out of position, defendants failed to reset them and knowingly permitted them to heal in improper alignment, as a result of which plaintiff's legs were shortened and bowed and their use practically lost to her for life.

In their answers defendants set up the affirmative defense that the judgment, satisfaction of record and release in the first action against Wubben operated to discharge any liability on their part. The issues thus tendered by the…

Plaintiff was injured in an automobile accident and received medical and surgical treatment necessitated thereby. In 1940 she sued Robert Wubben, the negligent motorist, and recovered judgment in the sum of $15,000. Upon payment by Wubben of $5,753.22 the judgment was satisfied of record and plaintiff signed a document releasing him from further liability.

In August, 1941, plaintiff brought the present malpractice action against W. S. Mortensen and W. L. Mortensen, the doctors who treated her injuries. Among other things, it was alleged that defendants negligently treated a fracture of the femur bones by failing to secure them in position, and that, notwithstanding the fact that an X-ray picture showed the bones were out of position, defendants failed to reset them and knowingly permitted them to heal in improper alignment, as a result of which plaintiff’s legs were shortened and bowed and their use practically lost to her for life.

In their answers defendants set up the affirmative defense that the judgment, satisfaction of record and release in the first action against Wubben operated to discharge any liability on their part. The issues thus tendered by the answers were…

I concur in the judgment. When plaintiff’s action against Wubben was tried, she was still under the medical care of the defendants. On the trial of the action one of the defendants testified with regard to the nature of the in *661 jury suffered by plaintiff, the progress of her recuperation until the date of trial, and her prospects for recovery. He stated that plaintiff’s right leg had improved enough so that she could put weight on it, but that the fracture of the left leg had not healed as well, because the ends of the bone were not end to end, and that it might be another month or two before there was á callous formation. Unless the hardening took place within that time it would be necessary to use surgery to fasten the ends of the bone with a metal plate and screws. As to the probability of plaintiff’s future ability to walk he said: “In any event, she probably will not be able to walk at all normally with these legs in less than a year’s time, from the time of the accident. At that time she may be left with some impairment to her walking. ’ ’ Plaintiff contends that the defendants were negligent, on the grounds that they failed to secure the bones in proper position before…