Moore

Plaintiff brought this action to recover damages for malpractice. He sought damages in the sum of $30,180 and was awarded judgment for $5,473.75. From this judgment the defendant takes .this appeal.

Plaintiff broke his hip on the 28th day of May, 1931. After the injury he was taken 23 miles in an automobile over dirt and gravel roads to the office of the defendant at Paris, Idaho, who for a consideration agreed to treat the injury. Appellant testified that he informed the plaintiff that the case should be treated in a hospital, and that, if treated in his home 23 miles from appellant’s office, the patient should have a trained nurse to care for him, but that the patient refused to go to a hospital or employ a trained nurse on account of the expense, and decided to return to his home to be cared for there by his wife under appellant’s direction. This testimony is contradicted by the patient, and we must therefore assume, in accordance with the verdict, that the appellant assumed the ordinary duties of a physician without a special contract limiting his duties or liabilities. Appellant took an X-ray picture of the patient’s hip, and, after examining same, diagnosed the difficulty…