42 Wash. 385 | Wash. | 1906
— This is an action to recover damages for alleged malpractice of the defendant H. E. Ayars, as a physician and surgeon. His wife, as a member of the marriage community, is also made a defendant. It is alleged that the plaintiff, while driving on July J, 1904, was thrown from a vehicle; that he sustained a compound fracture of the bones of his left leg, about two inches above the ankle joint; that the ends of the bones protruded through the flesh and skin; that within a few hours of the accident the defendant, at plaintiff’s request, commenced to treat the broken leg and
The first error assigned is that there was not sufficient evidence to warrant any verdict and judgment against appellant. As is usual in such cases, there was much conflict in the testimony of the physicians and surgeons who were examined as expert witnesses. Differing views were expressed as to the propriety of using the “fracture box” and suspended weight in such a ease. There was general concurrence of view as to the necessity of applying antiseptic remedies and methods in the treatment of the wound from the beginning. But the testimony was not in accord as to the correctness of the remedies and methods applied in this case. There was testimony in support of the more material allegations of the complaint. While it should not be said that all the averments herein-before set forth were sustained by testimony, yet the more material ones were. We think, without doubt-, from the evidence, that at the time respondent was removed to the hospital at Spokane, the condition of the wound and bones was
It is next urged that the amount of the verdict is excessive, and that it is manifest that the jurors were swayed hy passion or prejudice. The amount is $5,000. Appellant’s counsel make an interesting argument to the effect that this case should be distinguished from one which is brought to recover for ordinary personal injuries where the injury is wholly due to the neglect of the defendant in the casa It is argued that in the case at bar the primary cause of the result which came to respondent was the running away of the team, for which appellant was in no way responsible, and that the degree of appellant’s responsible relation to the final outcome cannot be as great as that of one whose' negligence laid the first foundation for tbe injury.. The theory of the ease^ however, is that the final outcome to respondent, hy which he was deprived of a foot for the remainder of his life, would not have resulted if appellant had properly applied his learning and skill. It is true, respondent would have suffered pain and distress from the original injury, yet if the bones had properly united and the wtound had healed, the suffering
Ho errors are assigned upon the introduction of evidence, the instructions of the court, or other matters occurring at the trial. The judgment is therefore affirmed.
Mount, C. J., Fullerton, Crow, and Dunbar, JJ., concur.