BENZMILLER v. SWANSON

No. 7977.

117 N.W.2d 281 (1962)

George T. BENZMILLER, Plaintiff, Appellant, and Cross-Respondent, v. Joel C. SWANSON, M.D., Defendant, Respondent, and Cross-Appellant.

Supreme Court of North Dakota.

October 2, 1962.


Attorney(s) appearing for the Case

Frederick E. Saefke, Jr., Bismarck, for plaintiff, appellant, and cross-respondent.

Nilles, Oehlert & Nilles, Fargo, for defendant, respondent, and cross-appellant.


STRUTZ, Judge.

This is an appeal from an order granting a new trial. The complaint of the plaintiff against the defendant, an orthopedic physician and surgeon, charges the defendant with malpractice in the setting and treatment of a broken arm.

The plaintiff was involved in a farming accident on Saturday, July 12, 1958, when he fell from a hayrack while loading baled alfalfa. The field where the accident occurred had been fertilized with manure. The plaintiff...

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