Baraboo weekly news. [volume] (Baraboo, Wis.) 1912-197?, 1921-03-31

to see the patient. Some of the wit
Inesses testified that the understand
ling was that DR.. Tryon was special
list but this was denied by DR.. Farms
worth and DR.. Tryon. 1t was stated
there was some conversation about
getting specialist to come to see the
fpatient, but no hint that the Merri-
mack physician was an expert in such
cases.
Astragalus Bone Broken
When the accident happened there
was bruise on the side of the leg
and later it developed the astragalus
bone in the foot had been broken.
X-ray pictures had been taken and the
patient had been sent to Madison, DR..
Farnsworth paying the expense of the
trip.
From the expert advise obtained it
, was found the accident was an un-
usual one, one that very rarely oc-
ours. Some of the doctors who testi-
fed had never had case. 1t also de-
veloped that it was one very difficult
to treat and seldom does a patient
ever have the normal use of his foot,
even after an operation. If the bone
is removed or portion Of it taken
away the limb is likely to be shorter
than the other.
When the question arose as to
whether the attending physician knew
whether or not the leg was broken,
it was held he must have known it
was not since Mr. Carson had walked
so or 80 rods to his home, a thing he
could not do with broken leg bone
Much Contradictory Evidence
There was much contradictory evi-
Idence, one side cla'ming one thing,
the other side another. The testimony
Of some Of the witnesses on the ad-
verse examination did not tally we'll
with the testimony given in court, it
was held when the argument was
made
Pictures in Court
The X-ray pictures, DR.. Farms
worths office book, and bones Of the
lower leg and foot were used in court
When Dr. Farnsworth made the en-
try in his book he wrote he had set
the leg for Mr.. Carson. An effort was
made to show the jury that Mr.. Car
son had never paid DR.. Farnsworth
for his services but this was ruled out
by the court.
Judge Instructs the jury
In instructing the jury Judge E.
Ray Stevens told the twelve men
their answers in the special verdict
should be with an effort for justice.
The damage, if any, to be assessed
must be on the ground that DR.. Farms
worth did not resort to the usual
treatment in vogue at the time of the
accident with his particular school of
medicine. A doctor IS not to choose
one method of treatment or another
at h s peril and cannot be held for an
error Of judgment. The court also in
formed the jury that physician or
surgeon in ordinary practice is not
supposed to be equal to a specialist
and cannot be held responsible for
what specialist might or might not
do. If he does what other doctors
would have done under similar cir
nothing more can be ex-
pected.
Expert Witnesses
Several doctors were called to give
expert testimony. Two Baraboo doc
tors were on the side of Mr.. Carson,
the others for DR.. Farnsworth. The
witnesses included George Carson,
Eva Carson, Elizabeth Kinsman, Mary
Kindschi, Clarence L. Carson, DR.. w.
F. Nuzum, Dr. A L. Fansworth,
Dr.. F. E, Tryon, Merrimack; DR.. A.
N. Jones, Reedsburg; DR.. James A.
Jackson, Madison; Dr. Louis R. Head,
Francis A. Nelson, R. r.
Grosinske, DR.. Harry c. Ladewig, and
George A. Nelson, Baraboo.
The jury: Walter Page, Louis Ed
wards William Johnson, H. A. Bryant,
Peter Leykauf, j. R. Davis, John Tai
bot, E. H. Cady, A. L. Foss, ]. r.
Curry. Henry Moeller, Herman Craft. !
Bentley & Meier appeared for Mr.,
Carson while Madison Attorney and
DR.. Farnsworth's brother of Portage !
for the defendant.
Many Present
The courtroom was filled during the
trial, the case causing much attention. |
(From Fridays Daily
DR.. A. L. Farnswdrth has won the /
suit in circuit court, brought against |
him by George Carson. The jury was !
out over "a hours. ??
The answer was No" to the first
two questions which means that DR.. !;
Farnsworth was not to blame for the |
lameness of Mr.. Carson-ordinary i
care was exercised in the case such |
as practiced by the average physician. |
The accident was an unusual one and |
seldom met in practice. The astraga-
lus bone in the foot was broken in a |
accident and when this |