MAERCKLEIN v. SMITH

No. 17031.

266 P.2d 1095 (1954)

MAERCKLEIN et al. v. SMITH.

Supreme Court of Colorado, En Banc.

February 15, 1954.


Attorney(s) appearing for the Case

Paul M. Clark, Lawrence M. Wood, Denver, Horatio S. Ramsey, Littleton, for Wallace W. Maercklein.

Wolvington & Wormwood, Denver, for George S. Postma.

Earl J. Hower, Harold H. Harrison, Denver, for defendant in error.

Harry S. Silverstein, Jr., Denver, amicus curiae.


CLARK, Justice.

Plaintiffs in error were defendants in the trial court where judgment was entered against them in a substantial amount. Both are physicians and surgeons regularly licensed to practice their profession in the State of Colorado and were so engaged at the time of the events hereinafter related.

In his complaint plaintiff alleged that on or about December 1, 1949, he consulted the defendant Maercklein who advised him that he was then in need of...

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