Taylor

Plaintiff recovered judgment against defendant for $850 damages and costs of suit on account of the alleged malpractice of defendant, a physician and surgeon. Plaintiff had suffered a transverse fracture of the middle third of his left femur, defendant reduced the fracture, and the trial court held that he failed to give plaintiff the usual and necessary surgical care and attention after the reduction, which failure made necessary an operation upon the broken limb and a resetting of the bone, to plaintiff’s damage.

Defendant made a motion for a new trial, which was denied, and he appeals from the order denying the motion and from the judgment. The order denying the new trial is not appealable (Code Civ. Proc., sec. 963).

The record shows without conflict, except as below specially mentioned, and the court found, the following facts:

Plaintiff was a little less than eight years old when his injury occurred; defendant was employed by plaintiff’s mother to reduce the fracture and care for the injured boy afterward; the boy was taken to the Corby Hospital at Huntington Park, where defendant, assisted by a Doctor Preston, reduced the fracture, exercising reasonable care and skill in…