92 Iowa 695 | Iowa | 1894
About the fifteenth day of June, 1891, the plaintiff met with an accident which resulted in a compound, comminuted fracture of the two lower bones of the leg. He employed the defendant, who is a regular practicing physician, to set the fractured member, and to treat him until well. And he claims that defendant undertook to do so, but that he did not properly-bandage and otherwise care for the same, nor did he properly set the fractured bones. He alleges that, by reason of the unskillful and negligent treatment given him, his limb is out off shape and crooked, and the bones thereof uneven; that the limb is weak, and its usefulness greatly impaired — whereby he has suffered great and permanent injury. The defendant admits the accident, and that he undertook the treatment of the plaintiff, but denies every other allegation and claim of plaintiff. The ease was tried to a jury, and a verdict returned for plaintiff on which judgment was rendered, and defendant appeals. There is a sharp conflict in testimony regarding the main facts of the case, and with reference to the treatment given by defendant, and the care exercised by him; but, as it was the province of the jury to determine the questions presented, we are not asked to, nor can we, interfere with its findings. Error is assigned upon the admission and rejection of testimony, the instructions given by the court, and the ruling of the court on the motion for a new trial, and to these matters we address ourselves.
I. The defendant contended that the condition of plaintiff’s limb was due to his removing the bandage and splints, contrary to his order, and in using his limb too soon after the injury. He introduced as a witness one Hannah Engstrom, who testified that plaintiff told her he had taken the splints off himself;
IY. Complaint is made of the action of the court in overruling that portion of the motion for a new trial
Y. Other errors are complained of in the admission and rejection of testimony. Without setting them forth, it is sufficient to say that we have carefully examined the questions presented, and see no error. The sixth instruction is correct. For the errors above pointed out, the judgment of the district court is bevebsed.