Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-17
WAS 1T MALPRACTICE?
j. b. Forytn Thinks tt Vas, and Wants
DR.. II. II. Kinball to Pay SO, 900 There


for.
In July last Mr.. j. B. Ferrin, at that time
the contractor for the construction of the
Minneapolis High school building, was SO
unfortunate as to fall and break leg. He
had Doctor Kimball summoned to attend bis
injuries. The doctor performed
lis duties and now Mr.
Ferrin thinks the work was not properly
performed, and accordingly brings suit for
damages to the amount of $4,000 against
DR.. Kimball.
The case has been set for trial in the dis !.
trict court on Wednesday, June 18th.
THE COMPLAINT.
J. B. Ferrin, plaintiff, va. II. 81. Kimball
defendant. Complaint-The plaintiff above
named for complaint against said defendant
AYERS: That the said defendant at the time Of
the matter hereinafter complained of, was by
profession surgeon, and claimed to have great
skill and experience as such surgeon; that the
plaintiff on the 18th day of July, A. D. 1877,
employed defendant to set and dress his, the
plaintiffs, leg, and relying upon said defend
ants claim Of skill aforesaid, intrusted the
whole case and management of said broken
leg to him, said defendant, and he did take the
whole case and management Of the same. and
undertook to set and treat said leg as skillful
surgeon; but said defendant did not set and
treat said broken leg in careful manner but
on the contrary, he set and treated said broken
leg in q negligent and unskillful manner, and
by reason OF such negligent, unskillful and
careless treatment by said defendant, plaintiff s
sad broken leg has become and is shortened
crooked and weak, and has become and is in
sufficient for the of plaintiff and has caused
and still continues to cause the plaintiff great
pain and suffering by reason Of said negligent
and unskillful treatment.
And plaintiff further AYERS that he is by occu-
patton mechanic and builder, and by reason
of this insufficiency of his said leg, caused by
this negligent and unsk;llful treatment of the
same by said defendant, plaintiff has been
greatly hindered in his said business. and has
been and is now unable to perform the same,
by reason whereof he has lost great earnings
and profits of his said business and has been
compelled to incur great expense in attempt
ing to doctor and cure the said broken leg.
And plaintiff AYERS that he has sustained
damages and injuries by reason of said de-
PENDANTS neglect and unskillful treatment
of said broken leg to the great amount of
$4,000.
Wherefore plaintiff demands Judgment for
the said sum af ten thousand dollars damages
aforesaid and further costs and disbursements
of this action. BENTON & BENTON,
Attorneys for Plaintiff.
TIE ANSWER.
In answer thereto, the attorneys of DR..
Kimball have filled the following:
Defendant in the above entitled action an
swering the complaint of plaintiff, herein ad-
mits that he was and is by profession surgeon
and physician; that on or about July IT, 1877,
he was employed by plaintiff to set and dress
Ills broken leg; that he took the and man
agent Of the same and did set and treat said
leg.
Defendant denies that he set or treated said
broken leg in negligent or unskillful manner,
and denies that by reason of such pretended
negligent. unskllful or careless treatment
plaintiffs leg became shortened, crooked or
weak insufficient for the use of plaintiff, and
denies that said plaintiff has suffered great or
any pain by reason of said pretended negligent
or unskillful treatment of said leg by defend
ant, and defendant AYERS that he set and healed
said broken leg carefully, diligently and skill
fully, and according 10 the recognized and APP
proved and established principles of surgical
science.
Defendant denies that plaintiff has suffered
damages in the sum of ten thousand dollars.
or in any sum whatever, by reason of any act
or mission of defendant. Defendant denies
eac and every allegation in said complaint
con tanned except as herein stated. Wherefore
he demands to be hence dismissed without de-
lay and with costs. BRADLEY & MORRISON
Defendants Attorney.
DR.. Kimball is so we'll known and has such
an extended practice that the case will
probably attract considerable attention.