Howe v. McCoy

MARKS, J.

This is an action for damages growing out of an alleged negligent chiropractic adjustment administered to Mary Frances Howe, wife of A.

Z.

Howe, by an employee of appellant. The case was tried before á jury, which returned a verdict in the sum of four thousand dollars for damages suffered by Mrs. Howe, and one thousand dollars damages suffered by her husband by reason of the loss of her services. An appeal was taken from the judgment which was entered upon the verdict.

It is alleged that appellant and his employees maintained offices in the city of Los Angeles for the treatment of patients and the cure of disease; that on or about October 6, 1927, respondents employed appellant to diagnose their ailments and to give them a course of treatments; that appellant undertook the treatment of Mary Frances Howe and that on October 18, 1927, one of the practitioners employed by respondent administered a treatment to her so carelessly, recklessly, negligently, unskilfully and without ordinary care, knowledge or skill, and with such force and violence treated and manipulated the body of Mrs. Howe that he broke one of the cartilages of one of her lower ribs.

But one question is presented on this appeal. It is the contention of appellant that the evidence does not support the judgment. In deciding the question of whether or not the evidence supports the judgment it will be necessary for us to consider only such portions of it as are most favorable to respondents. All conflicts in the evidence were resolved in favor of respondents by the verdict of the jury.

[470]

The findings of the jury upon conflicting evidence cannot be disturbed by this court.

It is admitted that appellant was a duly licensed and practicing chiropractor and drugless physician; that he was employed to administer the treatments to Mrs. Howe; that on October 18th, during the course of one of the treatments given by one of his employees who was a chiropractor, a fracture occurred at the junction of the costal cartilage with the ninth right rib.

Both parties admit that it is well-settled law in California that a physician in treating a patient, in the absence of a special contract so to do, does not guarantee to effect a cure