Wallace v. La Vine

SPENCE, J.

Plaintiffs, who were husband and wife, brought this action against the defendant chiropractor for alleged malpractice in the treatment of the wife. Upon a trial by the court, sitting without a jury, plaintiffs had judgment. Defendant appeals from said judgment and from the order denying his motion for a new trial. As an order denying a motion for a new trial is not an appealable order, defendant’s purported appeal from said order should be dismissed. (Code Civ. Proc., sec. 963;

Permnean

v.

Wills,

8 Cal. (2d) 578 [67 Pac. (2d) 96].)

Mrs. Wallace, one of the plaintiffs, injured her wrist on February 24, 1937, the injury consisting of a slight fracture. Defendant treated her for said injury from that date until May 11, 1937. It was plaintiff’s claim that defendant negligently and unskilfully applied a first cast and subsequently a second cast so tightly on said plaintiff’s arm as to interfere with the circulation and that he allowed said casts to re

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main on plaintiff’s arm over a long period of time, during which time he applied diathermy to said arm so frequently and with such intensity as to damage the tissues, tendons and bones of said plaintiff’s arm, wrist and hand. The trial court found in conformity with plaintiff’s claim and entered its judgment accordingly.

Appellant's brief fails to “present each point separately under an appropriate heading showing the nature of the question to be presented or the point to be made”. (Rule VIII, sec. 2, Rules of the Supreme Court and District Courts of Appeal.) Appellant apparently contends that the evidence was insufficient to support the findings and that “the trial judge displayed prejudice against appellant”. We find no merit in these contentions.

The evidence produced on behalf of respondents consisted of the testimony of both lay and expert witnesses. Said expert witnesses were physicians and surgeons and appellant apparently concedes that their testimony was competent against the defendant chiropractor for the purposes for which it was produced.