Short

This is an appeal by defendant, a physician and surgeon, from a judgment for eight thousand dollars given in favor of plaintiff in an action brought to recover damages for alleged malpractice. The only matters presented for our consideration on this appeal are certain rulings of the trial court in the admission of evidence.

Plaintiff sustained a compound fracture of the tibia bone of his right leg on December 8, 1901. Defendant was immediately employed to treat plaintiff for this injury, and continued to attend him until December 31, 1901, when plaintiff became dissatisfied with him, and, having called in Dr. Bradshaw, discharged defendant, without, however, paying him for his services. Some days later, Dr. Pratt was called in,- and he continued to' attend plaintiff for some fifteen months. On plaintiff’s cross-examination, he was asked how many days he was without a doctor after Dr. Frink left, and said “something like six or seven days.” The deposition of Dr. Brad shaw was taken without attendance of any one on the part of the defendant. All the testimony given was elicited by questions asked by plaintiff’s attorneys. It showed the results of his examination of the wound on…