Houghton

This is an action to recover damages alleged to have been sustained by plaintiff as the result of negligent surgical treatment administered to him by defendant.

The ease was tried by a jury, which rendered a verdict in favor of plaintiff, in accordance with which judgment was entered against defendant in the sum of three thousand five hundred dollars.

The appeal is from the judgment and an order denying defendant’s motion for a new trial; his chief contention being that the evidence was insufficient to justify the verdict.

It appears that on January 25, 1911, due to the kick of a horse, the ulna of plaintiff’s right arm was broken, and that, after receiving emergency treatment, he, on the day following the injury, placed himself in the care of defendant, who was a physician and surgeon and who undertook the treatment of the injured arm. The negligence of defendant is predicated, not only upon the alleged fact that in setting and treating the fracture there was a lack of care and skill by reason of which the fractured bone failed to unite, hut that the bone known as the radius was at the time or at a later date during the treatment dislocated at the elbow, which fact defendant,…