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was sufficient under the statute in either | Her expenses, physicians' and hospital bills case. We are of the opinion, therefore, that totaled $312.81. The jury evidently fixed the the complaint was sufficient upon this point. sum of $1,000 for pain and suffering. We
 It is next argued that it does not appear are satisfied from the facts in the case that from the complaint that Tony John was act- this sum was a reasonable compensation for ing within his authority as a deputy sheriff her injury. At any rate, it was not exwhen he shot the respondent. The complaint cessive. alleges, at paragraph VIII, as follows:
We find no error in the record. The judg"That, on the 25th day of May, 1915, whilement appealed from is affirmed. acting within the scope of his authority as said deputy, and armed as aforesaid, and while attempting to apprehend, arrest and secure said
ELLIS, O. J., and FULLERTON, PARKTrotto, and believing the plaintiff herein to be ER, and HOLCOMB, JJ., concur. said Trotto, but without taking any means or precautions whatever to satisfy himself of such fact, the defendant Tony John did, without prov
(96 Wash. 182) ocation,
wrongfully, heedlessly and feloniously shoot at said plaintiff through the clos- DISHMAN v. NORTHERN PAC. BENEFI. ed door of her room with said revolver, believ
CIAL ASS'N et al. (No. 13813.) ing said shot was necessary to secure the body (Supreme Court of Washington. May 8, 1917.) of the said Trotto. *
PHYSICIANS AND SURGEONS 18/8)-DEGREE It is plainly alleged here that the act was OF SKILL-NEGLIGENCE-LIABILITY. done by Tony John while acting within the In a malpractice suit for alleged negligence scope of his authority as such deputy sheriff. in treating an injury to plaintiff's wrist, where In the case of Johnson v. Williams, 111 Ky. way impeached or discredited, disagreed as to
doctors of equal skill and learning, being in no 289, 63 S. W. 759, 54 L. R. A. 220, 98 Am. St. the proper manner of treatment for the injury Rep. 416, a Kentucky case, where two depu- as alleged by plaintiff and advisability of an ties were sent out by a sheriff to arrest the operation not performed by defendant, plaintiff
cannot recover, because of failure of proof of person charged with felony, and where they negligence, since an award of damages would discovered two men in a buggy, one of whom rest upon mere speculation and conjecture. they believed to be the guilty person, and [Ed. Note.-For other cases, see Physicians their command to stop was not obeyed, one and Surgeons, Cent. Dig. 8 43.] of the deputies shot, killing one Williams,
Department 2. Appeal from Superior who was in the buggy. The sheriff in that Court, King County; Boyd J. Tallman, case was held liable, because the deputy Judge. acted under color of his office.
Action by Ora P. Dishman against the So in this case the complaint alleges, and Northern Pacific Beneficial Association, the the evidence clearly shows, that at the time Northern Pacific Railway Company, and A. Tony John fired the shot through the door he w. z. Thompson. Judgment of dismissal was believed the occupant of the room was the entered as to the corporate defendants. From person he was looking for. He fired the shot a judgment for plaintiff against the defendin an attempt to perform his duty as an of- ant Thompson, he appeals, and plaintiff ficer. He was acting as such officer, and fired the shot because he was instructed by the the defendant Northern Pacific Beneficial As
cross-appeals from the judgment dismissing sheriff to bring the prisoner in dead. There
sociation. Judgment against Thompson recan be no doubt that he acted under color of his office, and the complaint and the facts in versed, with direction to the superior court the case are sufficient to show that he was al as to the Beneficial Association, from
to dismiss the case, and judgment of dismissacting within the scope of his authority as a
wbich plaintiff has cross-appealed, affirmed. deputy sheriff. Greenius v. American Surety Co., 92 Wash. 401, 159 Pac. 384.
Griffin & Griffin, of Seattle, for appellant. Several instructions were excepted to, and C. H. Winders, of Seattle, for respondents. are briefly argued by the appellants, but they raise the same questions which are disposed
PARKER, J. The plaintiff, Ora P. Dishof in what is said above. There was no man, commenced this action in the superior error in the instructions.
court for King county seeking recovery of  It is lastly argued that the verdict is damages from the Northern Pacific Railway excessive. The record shows that the bullet Company, the Northern Pacific Beneficial Aswhich struck the respondent passed through sociation and Dr. A. W. Z. Thompson, one the fleshy part of the hip near the pelvic of the surgeons of the Beneficial Associabone. In order to remove the bullet, which tion. The damages sought to be recovered necessitated an operation, a cut, 342 or 4 are for alleged personal injuries suffered by inches long, and 242 inches deep, was made Dishman as the result of malpractice and upon her hip. Numerous small nerves were negligence on the part of Dr. Thompson in injured. She was in the hospital for 18 days, failing to properly treat the injured extensor on crutches thereafter for a week, and was tendons of Dishman's left hand and wrist. unable for more than 9 weeks to follow her The Railway Company and the Beneficial Asoccupation, which was that of a waitress. sociation were made defendants, and sought Her condition thereafter was very nervous. I to be held liable to Dishman upon the theory
For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
that Dr. Thompson was acting as their agent, tion at Auburn, soon after the accident occurin the treatment of Dishman in pursuancered. Dr. Hoye immobilized the wrist and of the duty which it is claimed they each hand with splints and bandages, and upon owed to him, resulting from monthly pay. examination of it a day or two later sent ments to the Beneficial Association from his Dishman to the hospital of the association wages as an employé of the Railway Com- at Tacoma for treatment. Upon arriving pany, entitling him to medical and surgical at the hospital on December 28th Dishman treatment as occasion might require. The was placed in charge of Dr. Thompson, who case proceeded to trial before the court sit- was one of the hospital surgeons, for treatting with a jury, when at the close of the ment. Dr. Thompson then removed the bandevidence introduced in Dishman's behalf a ages, and took an X-ray photograph of the motion was made in behalf of each of the wrist and hand, and again immobilized the three defendants challenging the sufficien- injured parts. Dishman did not stay at the cy of the evidence to support any recovery hospital for treatment, but went to his home as against either of them. This motion was at Auburn of his own accord, being entitled granted by the trial court as to the Rail to remain at the hospital for treatment if he way Company and the Beneficial Association, so desired, but choosing to go to his home and judgment of dismissal entered according and be treated as an outside patient, returnly, and denied as to the defendant Dr. ing to the hospital from time to time for Thompson. The trial thereupon proceeded treatment. He went to the hospital several as against Dr. Thompson, and at the close of times for treatment up until February 25th, the evidence introduced in Dishman's be- two months following the accident. During half counsel for Dr. Thompson again chal- these visits Dr. Thompson re-dressed the inlenged the sufficiency of the evidence to sup- jury several times and took additional X-ray port any judgment as against him, and mov-photographs of the wrist and hand, giving ed that the court so decide as a matter of Dishman liniment, with directions for its law and enter judgment accordingly. This use. Dr. Hoye redressed the injury at Aumotion was by the court denied, the case was burn two or three times during these two submitted to the jury, and a verdict re months, though he was not the physician dered awarding damages in Dishman's fa- having charge of the case. vor and against Dr. Thompson. The suff
Dishman, becoming dissatisfied with the ciency of the evidence was again challenged treatment received, did not go back to the by counsel for Dr. Thompson by motion time hospital after February 25th, but went to ly made for judgment notwithstanding the Dr. Silliman, at Seattle, who thereafter had verdict, which motion was by the court de charge of the case. On January 25th, evinied, and judgment thereafter rendered in dently for the first time, it was discovered accordance with the rerdict. Dr. Thompson that one or two of the carpal bones were has appealed from this judgment, claiming broken. This was dimly shown by the X-ray he is entitled to judgment absolving him photographs, but was apparently overlooked from liability as a matter of law, or in any up to that time. No portion of the outer event that he is entitled to a new trial. flesh or skin of the wrist or hand was bro Dishman has cross-appealed from the judg- ken, or became broken, at any time during ment of dismissal as to the Beneficial Asso- the two months' treatment by Dr. Thompciation, claiming that the court erred in its son. The result of the injury was such that judgment of dismissal as to the Beneficial Dishman, while under Dr. Thompson's care, Association, and that he is entitled to a new could not raise his hand or extend it backtrial as against it. No appeal is taken from ward beyond the projected line of the forethe judgment of dismissal as to the railway arm, and it was with some dificulty that he company.
could extend it even in a straight line with On December 25, 1914, while in the employ his forearm. This weakened condition of of the Railway Company as a brakeman, the hand and wrist, it is contended in DishDishman was severely injured. He was man's behalf, was caused by the rupture and standing on the stirrup of a freight car, hold-severance of the extensor tendons, being ing to one of the grabirons above, his wrist those tendons on the back of the hand and resting on the iron, and his left hand down wrist which enable one to open and extend between it and the side of the car, when his the hand backward, even beyond the projectfoot slipped off the stirrup, resulting in the ed line of the forearm, when the wrist and weight of his body forcing his wrist down hand are in a normal healthy condition. As upon the iron, injuring the carpal bones of we proceed, it will appear that the several his wrist and the tendons on the back of surgeons who testified upon the trial do not his wrist and band. The severity of the in- agree in their opinions as to the extensor jury evidently resulted from the fact that tendons being severed. his hand was held between the grabiron and The alleged negligence in the treating of the side of the car, so that his wrist was Dishman's hand and wrist during the two forced down upon the iron as a lever upon a months following the accident, upon which fulcrum. The injury was first treated by Dishman rests his right to recover damages, Dr. Hoye, the local surgeon of the associa- is stated in his complaint as follows:
"That when the plaintiff arrived at said hos This court has recognized the law to be pital for surgical treatment the defendants that a physician is not an insurer of a cure wrongfully, carelessly, and negligently failed, neglected, and refused to perform any surgical in cases of allliction under his care for treatoperation upon plaintiff's left wrist to bring the ment, and that he is not to be held liable as ends of the broken tendons together, and wrong. | for negligence or malpractice for mere failure fully, carelessly, and negligently failed, neg; to cure, or for bad results because of his lected, and refused to perform any surgical operation upon plaintiff's left wrist, to suture choosing one of two or more methods of or in any manner to fasten the ends of the bro- treatment, when such choosing is an exercise ken tendons together, and wrongfully, careless- of honest judgment on his part, and the ly, and negligently failed to do anything whatsoever to afford the plaintiff any relief whatso- method so chosen is one recognized by the ever from the condition he was then in, but medical profession as a proper method in the wrongfully, carelessly, and negligently allowed particular case, though it might not meet the the plaintiff's left wrist and extensor tendons unanimous approval of the medical profesthereof to remain without any treatment of any kind whatsoever, and that thereafter for two sion. We shall presently review some of the months, during all of which said time the de. authorities supporting and illustrating this fendants had complete control of the plaintiff doctrine, which we here notice in general and complete control of the care and treatment of the plaintiff's left wrist, the defendants did terms only, as preliminary to a review of the not, nor did either or any of them ever, do any- testimony of the physicians given upon the thing whatsoever to benefit the plaintiff's left trial touching the question of the negligence wrist or tendons thereof, excepting the applica- of Dr. Thompson in treating Dishnan's hand tion of bandages and liniment to the surface, which was wholly ineffective, and afforded no and wrist, to wit, the question of his neglirelief or benefit whatsoever to the plaintiff, or gence in failing to operate upon the hand and to his injured left wrist. That immediately wrist for the purpose of suturing the alleged after the time the plaintiff was injured, and at broken extensor tendons thereof during the all times during the time the plaintiff remained at the hospital of the defendant Northern Pacific two months the case was in his charge. Beneficial Association, the defendants and each The following quotations from the testimo of them knew, or by the exercise of reasonable ny of the physicians are taken from the ab care the said 'defendants would have known, of the rupturing and severing of the said extensor stract of the evidence, which is for the most tendons of plaintiff's left wrist, and that during part in the usual narrative form, and thereall of said time the defendants and each of them fore may not in all cases be the exact words knew that the only proper treatment for the used by the witnesses. However, the correctinjured wrist of the plaintiff was by bringing to gether the broken ends of the said tendons and ness of the abstract as a statement of the the suturing and securely fastening the same." substance of the testimony, as prescribed by
This is followed by allegations in substance the law and court rules relative thereto, is that, had the wrist and hand been operated not challenged. The trial occurred one year upon within a few days following the injury and two months after the accident, and one and the severed tendons brought together and year after Dr. Thompson ceased to have sutured, the wrist and hand would have been charge of the case. in a short time rendered strong and useful,
Dr. Silliman testified in Dishman's favor that Dr. Thompson's failure to so operate up
in part as follows: on the wrist and hand has rendered them
"The plaintiff bas been coming to my office for treatment for about a year.
When he first useless, that they will always remain so, and called upon me, I found a hollow over the wrist. that because of the lapse of time the extensor where the band that goes around the wrist had tendons have so shrunken and lost their vi- been torn, and some of the tendons that come tality that it has become impossible to unite from the forearm into the fingers had been torn and suture them. That the issue is narrowed place. There was more or less displacement of
off, and others had been dislocated and out of to the question of Dr. Thompson's negligence the small bones of the wrist. There are eight in failing to operate upon the hand and bones in the wrist joint, and those had been wrist, and suturing the alleged broken ten- sprained at the same time that the ligaments
and tendons had been torn. The plaintiff told dons, is also rendered plain by remarks of me that he fell in such a way that at the wrist counsel for Dishman made on several occa- there was a bend where naturally the parts sions during the progress of the trial, such would snap off. The tendons that I have re
ferred to are the long extensor tendons, that
stretch out the hand and fingers toward the "We are not complaining of any failure to back. The only method that I know of to treat treat broken carpal bones." "We are not com- broken tendons is to sew the ends together as plaining of his (Dr. Thompson's) failure to op- soon as possible; just as soon as the surgeon erate upon the bones of the wrist.”
can get his apparatus together. There is no We do not find in the record before us any difficulty in diagnosing a case where extensor claim of improper treatment by Dr. Thomp-culty in diagnosing plaintiff's trouble when he
tendons have been severed, and I had no diffison other than his failure to operate upon came to me.
As I remember, the plainand suture the alleged severed extensor tiff came to me a day or two after he ceased gotendons. We have thus noticed the nature of ing to the Beneficial Association's hospital-eiDishman's injury and the negligence of Dr.
ther on the 27th or 28th of February, 1915."
"Q. Is it proper treatment, Doctor, of an inThompson, as claimed in behalf of Dishman, jured wrist, with broken tendons, such as you at some length, to the end that we have clear- found to exist in the wrist of the plaintiff, to ly before us the exact issue touching Dr. fail to suture those tendons and to bring them
together for a period of 30 or 60 days afterThompson's negligence as claimed in Dish- wards? A. Under no circumstances. When the man's behalf.
extensor tendons of the wrist are severed, the 164 P.-60
individual loses all strength in his fingers, as / wrist show that they have been subject to more far as stretching them out and extending them. or less inflammation. The muscles pull up, and the movement is "Referring to treatment, I would say that practically lost, except by the use of some small there would be some difference in the treatment weak muscles between the bones of the fingers. accorded in case a man had a severed tendon, One of the first results of the severing is that varying in regard to the various conditions. By they get smaller and shrivel up; then the that I mean, if there was also a great disturb muscles contract permanently. That makes it ance and tearing loose of the ligaments, and more difficult to sew it to the other parts, and breaking of the bones. I would always figure then the parts are never in better condition for that the greatest injury was the one to be atsewing than they are just after the injury. tended first. The carpal bones of the wrist per
* If they are sewed together later, it is form a very important function, and sometimes hard to remedy the results, because the parts when they are broken we first endeavor to get do not move freely, although you may succeed good apposition, and if that cannot be done in sewing the ends pretty well together. After it becomes necessary to cut out pieces of these a delay of 30 or 60 days the nourishment is af- bones. If there is considerable displacement, fected, and they have a tendency to shrivel up: we might endeavor to get a good apposition. The usual result, if an operation is performed when you ask whether or not, in case a tendon immediately, and it is properly done, is that was torn, the doctor himself would determine the patient will recover the use of the injured whether or not he would try to get the tendons part."
in apposition by operation or other methods, I “There was no breaking of the skin, no infec- would say it would depend upon his knowledge tion which would be likely to set up an inflam- and experience and own judgment. mation, with the formation of pus that would "In order to get the hand upon the level, complicate the situation, and the results would such as the plaintiff can do, he must have the be less likely to be satisfactory if there had use of some of the extensor tendons, and the been any inflammation there which had ruptur: fact that he can get it up on the level, and ed the parts; but, as there was none, you should then can reflex and open his fingers, indicates expect a favorable result.
These in- to me that at least some of the extensor tendons juries are not very common. It is well recog. are working. If a man came to me with a hand nized that they do occur, and that the only that he could not overextend, the first thing I treatment is suturing of the ends together as would do would be to take a picture, and I soon as possible.'
would say, if there was no compound fracture, no "Q. And, Doctor, now, or at the time he came opening of the skin, one would not want to stick to you, in your judgment, would it have been a knife in there unless he thought there was possible to have then operated upon his arm some reason for it; and I would say that if a so as to have given him a useful arm? A. I doctor really and honestly felt that he could think it would have been possible. Q. Well treat patients without an operation, and with would it have been probable? A. It would have out laying open the skin and flesh, that would been probable that the ends of the tendons could be the thing to do. The question as to whether have been sewed together, so that he would have or not a doctor would endeavor to avoid an oppretty fair extension. Q. Why didn't you operation, however, depends on the doctor someerate on him for the purpose of suturing the times. 'I would'state, however, that there are tendons which you found torn loose? A. I told numerous ligaments connecting the muscles and him that I could not guarantee a perfect re- carpal bones of the ulna and radius, and that sult at that time; that the result of the sprain the wrist and carpal bones are a very complicatand of the tearing of the tendons and ligaments ed structure, and a doctor would hesitate about should have been remedied at once. Q. I know cutting into the wrist and carpal bones unless that is what you testified to, but I say why it was absolutely necessary; unless he was a didn't you operate--you had charge of the case, very skillful man, he would'hesitate. I do not didn't you?' A. To a certain extent. He had know whether a doctor, finding a great displacecharge of his own case. Q. Did you recommend ment of the carpal bones, and the breaking an operation? A. I told him that he should be thereof, and the tearing of the ligaments, would the judge;, that he might get good results even put on splints or not. I do not see wherein he then, and he might not, but I would not guar. I would get very much benefit from the splints. antee good results then."
If there was much swelling, he could put on a Dr. Cole testified in Dishman's behalf in wet dressing. I would not say, however, that if
he did put on splints he did not know what part as follows:
he was doing, because medicine is a matter of “I do most of the X-ray work for Dr. Silli- judgment sometimes, and of experience, and man, and also for other physicians and sur-when a man goes to a doctor it is up to the geons; also lawyers. When I took the picture doctor to use his good honest judgment.” and examined the wrist, the tendons on the
Dr. Paschall testified in Dishman's behalf plaintiff's left wrist appeared to be ruptured. It seemed to be in about the same condition as in part as follows: it is now. I think he told me it was about 60 "I made an examination of the plaintiff on days after he was injured that I took the pic- Friday or Saturday of last week. I also examture. The tendons that run over the joint of ined the X-ray plate marked *Plaintiff's Ex: the wrist appear to be injured or ruptured. hibit B,' and all I know about him is limited The one on the outside seemed to be more plain to the one examination I made and an examinaly ruptured from an examination of the plate. tion of the X-ray plate, together with what I The extensor tendons of the fingers are also bro- have seen in the courtroom. As to the condiken; I would not say how many, but several. tion of his wrist now, it seems to me that all of I always consider that a broken tendon is never the tendons which extend the fingers are cut. satisfactorily mended unless it is sutured, as a It would not be absolutely necessary to be cut rule, and usually the time for suturing, if there to have the appearance that the wrist bas, but is not much swelling, is immediately after the it seems that they are all cut, with the addiinjury, or, if there is swelling, after a few days, tional tendon here which goes down to the ulnar after the swelling recedes. I would not think bone, which is called the extensor crepitum ul. that a reasonably careful surgeon would wait a naris. The bones may or may not be fractured. period of 30 or 60 days for suturing tendons, It is rather hard to tell at this late date, alsuch as I found to be injured in plaintiff's left though the X-ray looks as if the bones of the wrist. I make a specialty of X-ray work, and wrist had been either broken or separated, and from an examination of Plaintiff's Exhibit B the ligaments torn, to a certain extent. it would appear that the scaphoid bone had been "Repairing of the tendon does not in any way fractured. All of the carpal bones of the left interfere with the healing of the broken bones,
while if the broken bones should heal ever so y completely overextend. A sufficient time had well, and we did not repair the tendons, the elapsed to warrant the removal of the splints, arm or hand or wrist would always be crippled. and I advised that these be removed, and that There is practically only one way of repairing he be treated by means of liniments and masthe long tendons. In a very short tendon it is sage to the wrist, in order to see how much the not as necessary, but in a very long tendon, the wrist would improve in this way. Later on, if sooner the ends are sewed together, the better necessary, an attempt could be made to suture results you will get. You can operate as soon the tendon. I did not believe at any time that as the inflammation has gone down, which is the best results to the wrist would warrant usually from 3 to 6 days, and every day after operative procedure. Dishman did not return that makes it much worse for the patient, and I to the hospital after the splints were removed, would say that a reasonably careful and prudent to the best of my knowledge. It is my professurgeon would not allow tendons to remain for sional opinion, as a physician and surgeon, that 30 or 60 days without any operation, and he the treatment accorded to the plaintiff by Dr. would not do it if he knew it.
Even if Thompson was in accordance with good medical ruptured tendons are accompanied by fracture practice.
I think the wrist will be of the carpal bones of the wrist, the same treat- weak, owing to the injury of the ligaments of ment would be followed.
the wrist joint, not from injury to the tendons. "Q. What, doctor, in your opinion, would In my opinion, no man with an injury to the have been the probability or improbability of small bones of the wrist, such as Mr. Dishman his having a well hand, if the operation had been bad, would ever have a wrist as strong as it was performed at the end of 60 days, basing your before the injury." answer on the condition which you find the
Dr. Argue, first assistant surgeon of the plaintiff's wrist in at the present time, and your examination of the X-ray which has been ad- Beneficial Association's hospital at Tacoma, mitted in evidence? A. I would say that the testified in behalf of Dr. Thompson in part as results would not have been as good as if it follows: was done at once, but would be better than if it was done now.
There would be prac
“As near as I recollect, the first time I pertically no danger from infection in operating to sonally examined the plaintiff's hand was at suture the tendons of the plaintiff's wrist. the time Dr. Mowers and Dr. Thompson were
A surgeon can never do any harm by examining it in the X-ray room of the hospital. making a dick. I mean, if there is any doubt. At that time (about January 25th] I also exin a modern hospital, you never can do any remember of seeing from the plates one or more
amined what X-ray plates had been taken, and harm in cutting open a man and looking in. There is no argument against early operation in of the carpal bones broken in the wrist. At case of doubt."
that time I remember of Dr. Mowers testing
out the function of the tendons of the forearm Dr. Mowers, chief surgeon of the Beneficial -of the wrist, and at that time the plaintiff Association's hospital at Tacoma, testified in had the ability to extend the hand on the wrist, Dr. Thompson's behalf in part as follows:
on the level with the forearm, and to extend the fingers on the hand.
A fracture of a "Mr. Dishman came to the hospital on De- carpal bone is considered a serious fracture. cember 28, 1914, and was treated as an office
* I have examined plaintiff's hand in case by Dr. Thompson. The injury to the wrist court, and also examined it in the hospital, and was treated by keeping the wrist immobilized by I have examined the various X-ray plates and, splints. He came in from time to time, and the based upon my examinations of the hand and the splints were removed and fresh dressings reap- X-ray plates, I would state that I have never yet plied.
When Dishman first came to seen any reason for believing that there were the hospital, the wrist was treated by Dr. any ruptured tendons in the plaintiff's injured Thompson, who called me to see the wrist about hand. January 25th, at which time he showed me the "Q. Doctor, will you please state to the jury, X-ray plate and explained to me the treatment based upon your learning, examination of auwhich he was giving him. I examined the wrist thorities, and experience as a surgeon, the carefully at this time; it was swollen and ten propriety of cutting into a wrist or a joint where der. He was able to extend the wrist on the there is no compound fracture, in cases where forearm, and the only limitation in the move there are fractures of the carpal bones of the ments was an inability to completely overextend. wrist more particularly, or of any of the bones There was a fracture of one of the carpal bones, going to make up the joint? A. I would considand a depression over the insertion of the tendon er it poor practice to cut in and produce a comof the extensor carpi radialis brevior, indicating pound fracture in the carpal bones at an early a probable tear of this ligament. From the his- date, for any purpose whatever. The reason tory of the injury and from the examination for it would be the danger of infection. Where there had evidently been a severe stretching and small bones are fractured, we find, if it is a probable tearing of the numerous ligaments unit compound fracture that is, where the skin is ing the small bones of the wrist. At the time broken; that is what we call a compound fracI saw this man, this bad not yet repaired, as ture, where the skin is broken; that is, the was indicated by the swelling. I did not at fracture communicates with the open world-in that time consider it would be advisable to at- such a case it is a frequent occurrence to have tempt to suture the tendon, which was probably bone necrosis take place. Bone necrosis is the torn. Owing to the injured condition of the tis- death of bone; it does not live. Consequently sues, there was great danger of infection, which the fragments have to be taken out later on. would not only prevent the healing of the ten- On account of this risk, I think it is poor pracdon, but would possibly do very serious damage tice to convert a simple fracture into a comto the wrist. Furthermore, at this time there pound fracture, especially in the presence of was no evidence, so far as the motion of the small bone. wrist was concerned, of any bad results foi "From my examination of the plaintiff's hand lowing from the tear. The injured condition of in the hospital, and examination of the X-ray the ligaments between the small bones of the plates, and the history which he gave, in my wrist was not one which could be treated surgi- professional, judgment, the proper treatment cally at all. At this time the hand was again would be that of immobilization of the hand splinted, on my advice, and I saw him about a and wrist joint and forearm on a splint for a month later. At this time the condition of the considerable time, which varies in individual wrist was practically the same as at my former cases. In this case I would keep it in a splint examination. The swelling was somewhat les- at least 30 days, and follow by massage and sened. He was still able to move the wrist in passive motion, to get the joint, as well as the any direction, excepting that he still could not ligaments and muscles and tendons, limbered up