California Court of Appeal June 24, 1935, Civ. No. 9409 (Wilfert v. Peters)

TYLER, P. J.

Action for malpractice. Plaintiff alleged negligence of respondent in the treatment of his left foot and that by reason thereof he lost his leg. Respondent denied the alleged negligence and as an affirmative defense set up contributory negligence of the plaintiff. The jury returned a verdict for the defendant. Judgment followed accordingly.