Steiner

A demurrer having been sustained without leave to amend, the plaintiff appealed.

The appellant was injured during the month of September, 1925, while in the employ of the respondent corporation, by an iron bar which fell from the hands of another employee who worked above him. Respondent Cheney, a physician and surgeon, about three years thereafter, examined appellant, pursuant to agreement and at the instance and request of the latter and his employer, as a result of which examination another surgeon performed an operation upon appellant’s head for depressed fractures. It was alleged by the complaint that respondent company also agreed to have experts determine the nature of appellant’s injuries and report the same to the surgeon employed by it to perform said operation; that as a result of such agreement the operation was so performed under the direction of the respondents; that the respondent company and Doctor Cheney conducted the examination so negligently that they failed to discover one depressed fracture, and failed to inform the operating surgeon thereof, as a result of which negligence it was not relieved. It is not alleged, nor does appellant remotely infer' that the…