CARNES v. CUNNINGHAM

No. 5537.

350 S.W.2d 59 (1961)

David M. CARNES, Individually, and John H. Johnstone, d/b/a Johnstone Clinic, Relators, v. Honorable R. E. CUNNINGHAM, District Judge of the District Court, El Paso County, Texas, Sixty-fifth Judicial District, and Estanislado H. Carbajal, Jr., as Next Friend for Steven Carbajal, a minor child, Respondents.

Court of Civil Appeals of Texas, El Paso.

September 27, 1961.


Attorney(s) appearing for the Case

Kemp, Smith, Brown, Goggin & White, El Paso, for relators.

Alan V. Rash, El Paso, for respondents.


LANGDON, Chief Justice.

Relators were defendants in a damage suit brought by respondents. In the pleadings filed below, plaintiff alleged that the minor child broke his left arm on August 5, 1960; that defendants were employed to treat and cure such minor child of his broken arm; that defendants accepted such employment and undertook to treat the child. It was alleged that defendants negligently and carelessly applied a cast to the child's arm so as to be too tight...

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