186 Ind. 189 | Ind. | 1917
Appellee brought this action against appellants Richard Schillinger and Charles Marvel to recover damages alleged to have resulted from their negligence, carelessness and unskilfulness as physicians and surgeons, in setting, adjusting and treating a fracture of appellee’s left femur. Trial was had by jury, resulting in a verdict and judgment in favor of appellee for $2,000, from which this appeal is prosecuted.
Appellants assign as errors herein: (1) The overruling of their demurrer to the complaint; (2) that the complaint does not state facts sufficient to constitute a cause of action; and (3) the overruling of their motion for new trial. It is contended by appellants that the complaint does not show that the negligence charged against them is the proximate cause of appellee’s alleged injury; that no allegation iá made showing that the alleged negligence was the result of the violation of any duty owing by appellants to appellee and that appellants were employed by appellee to treat this fracture.
Under'the motion for new trial it is contended that: (1) The verdict is not sustained by sufficient evidence; (2) the verdict is contrary to law; and (3) the court erred in giving and refusing to give certain designated instructions. Appellants contend under the first and second causes for new trial that there was no evidence whatever, offered or heard, of skill or knowledge on the part of appellants, but that all the evidence heard related to the alleged failure of appellants to exercise the degree of skill and knowledge which they should exercise under the circumstances.
Appellants under their points and authorities contend that the court erred in refusing to instruct the jury that under the law the appellants were presumed to have used and exercised reasonable care and skill in setting and treating appellee’s fracture.
There being no reversible error; the judgment is affirmed.
Note. — Reported in 115 N. E. 321. Physicians and surgeons: (a) degree of care required, 37 L. R. A. 830, L. R. A. 1915 C 595, 14 Ann. Cas. 605; (b) actions against, burden of proof as to want of skill, 93 Am. St. 663. See under (1) 30 Cyc 1583; (4) 30 Cyc 1588, 1589.