Priestley

Action to recover damages alleged to have heen sustained as the result of negligent surgical treatment administered by defendant.

Judgment went for plaintiff, from which, and an order denying his motion for a new trial, defendant appeals.

It appears that on May 2, 1911, the plaintiff Herbert Kenneth Priestley, a minor, suffered a fracture of the radius and ulna of his right arm; that defendant, a physician and surgeon, was for compensation employed by plaintiff’s father to set, care for, and treat the fractured arm of said minor. The court found:

“That pursuant to said undertaking said defendant within one hour after the injury had occurred, examined the said broken arm of plaintiff, reduced the fracture, and applied anterior and posterior wooden splints to said arm and bandaged said splints with a roller bandage; that in the bandaging of said arm as hereinabove described, the said defendant did not make sufficient allowance for the swelling invariably attendant upon fractured limbs; that within two hours after said splints were applied said arm was subjected to undue pressure by said splints by reason of said swelling; that said defendant negligently, carelessly, and without…