Judgment reversed, on the law, and new trial granted.
The questions of fact have not been considered or reached. Appeal from order dismissed as academic. One bill of costs is awarded appellant to abide the event and to cover both appeals. In Action No. 2 plaintiff seeks to recover damages for the alleged negligence of defendant's physicians in their treatment of his fractured ankle. The jury rendered a verdict in favor of defendant. The trial court charged the jury...
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