160 Iowa 427 | Iowa | 1913
Defendant (appellant) as a practicing surgeon was called upon to treat the appellee for injuries to his limb, resulting in an oblique fracture of the bone of his right leg above the knee. Appellee charges that in the treatment of such injury appellant was negligent in undertaking to set the limb without assistance; in failing to place the broken ends of the bone in proper position; in failing to put appellee in a proper bed, or in a proper position in bed, or to properly support his weight, so that the broken bone could remain in proper position, but placed him in a bed with springs, which sagged, preventing the broken ends of the bone from remaining in proper position; in failing
I. Error is charged in submitting to the jury in instruction No. 1 claims of negligence which there is no evidence to support. The record discloses evidence tending to support every ground of negligence plead. True, as to some one or more, it may not have been strong, but it was evidence upon which plaintiff had the right to go to the jury, and upon which it was the duty of the trial court to instruct. The instructions as to the various grounds of negligence charged were presented by a substantial reproduction of the petition. In this there was no error.
Appellee contends that, if error was committed in the
IV. The fourth error charged is in the refusal of the trial court to grant a new trial on the grounds that the ver■diet was contrary to the instructions. We do not, upon a review of the. record, find that this ground of error has support. The facts in dispute were many; the admitted or fully established facts were not such as to require under the instructions a different finding.
Because of the error in giving instruction No. 14, the judgment is Reversed.