Peppercorn

This is an appeal from a judgment of nonsuit in an action against defendants, who are physicians and surgeons, for malpractice. On April 23, 1923, the plaintiff, a child of five years at the time, broke her arm at the elbow, that is to say, in the language of the physician, she suffered a fracture of the upper end of the ulna and a dislocation of the head of the radius, and was taken to respondents for treatment. The only testimony in the record shows that the first thing done “was to reduce the dislocation and fracture” and apply splints. On the following day, according to appellant’s mother, April 24th the respondents took an X-ray, although, ac cording to one of the respondents, it was taken on the day of the injury. On April 26th additional X-rays were taken for the purpose of determining whether the apposition of the bones was good and whether the head of. the radius was in place. Various others were taken until some time in June. The splints were worn for a period of about six weeks. Thereafter for a period of time, which is uncertain because the witnesses did not agree, she wore an iron brace. The mother of plaintiff said it was six weeks, the father made no mention of the…