McCollum

This is an action for damages resulting from defendant’s alleged unskillful treatment as physician and surgeon of an injury to plaintiff’s right forearm.

It is alleged in plaintiff’s second amended complaint that, on October 24, 1915, he fractured and broke his right forearm in cranking an automobile, and upon that day he called upon defendant and informed him thereof, and employed defendant as a physician and surgeon “to examine such fractured and broken forearm and ascertain the extent of -the injury thereby caused and to set the same, if broken, and to treat and heal the same for whatever the injury was to it.” It is further alleged as follows: ‘ That defendant thereupon, as a physician and surgeon and pursuant to such employment and undertaking had a reasonable opportunity for examining and did examine the injured forearm of plaintiff; that by the exercise of ordinary skill in making said examination the defendant could have discovered that said plaintiff’s forearm was fractured and broken, but defendant examined plaintiff’s forearm in a negligent and careless manner, and without exercising ordinary skill and by reason thereof defendant failed to ascertain that plaintiff’s…