MacCoy

The plaintiff, a licensed physician and surgeon, brought this suit to recover the sum of one thousand dollars, alleged to be the reasonable value of professional services rendered by him to the defendant. Defendant filed a cross-complaint seeking to recover damages which he alleged he had sustained by reason of unskillful treatment which he had received at the hands of the plaintiff. The jury sitting in the case found for the plaintiff in the full amount prayed for in his complaint and against the defendant on his cross-complaint. Defendant has appealed from the judgment, relying upon various errors of law which he asserts were committed by the trial court in the course of the proceedings.

From the evidence, as set out in the bill of exceptions, it appears that the plaintiff, in May, 1910, was called upon to attend the defendant, whom he found suffering from a fracture of the upper portion of the upper leg bone, or, as it was phrased by the professional witnesses, a “fracture of the neck of the femur.” At his first visit the plaintiff adjusted the broken, part and applied a weight to the limb. A trained nurse was called to attend the case and the plaintiff continued his…