{
  "id": 8630210,
  "name": "HAZEL LEE MITCHEM v. DR. W. D. JAMES et al.",
  "name_abbreviation": "Mitchem v. James",
  "decision_date": "1938-05-25",
  "docket_number": "",
  "first_page": "673",
  "last_page": "674",
  "citations": [
    {
      "type": "official",
      "cite": "213 N.C. 673"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "159 S. E., 5",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "201 N. C., 128",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8622932
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/201/0128-01"
      ]
    }
  ],
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  "last_updated": "2023-07-14T20:08:52.368812+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "HAZEL LEE MITCHEM v. DR. W. D. JAMES et al."
    ],
    "opinions": [
      {
        "text": "Pee, Curiam.\nWe agree witb tbe trial court that if plaintiff\u2019s own\nexpert witness cannot say she was improperly treated and has no opinion as to whether the broken bones were properly set, the evidence is not such as to require its submission to the jury. The case is not unlike Ferguson v. Glenn, 201 N. C., 128, 159 S. E., 5.\nAffirmed.",
        "type": "majority",
        "author": "Pee, Curiam."
      }
    ],
    "attorneys": [
      "Seawell \u25a0& Seawell for plaintiff, appellant.",
      "U. L. Spence for defendants, appellees."
    ],
    "corrections": "",
    "head_matter": "HAZEL LEE MITCHEM v. DR. W. D. JAMES et al.\n(Filed 25 May, 1938.)\nPhysicians and Surgeons \u00a7 15e\u2014\nNonsuit held properly granted in this action against physician for alleged malpractice in failing to properly set the hones in plaintiff\u2019s broken leg.\nAppeal by plaintiff from Phillips, J., at February Term, 1938, of BlCHMOND.\nCivil action to recover damages for personal injury alleged to bave been caused by tbe wrongful act, neglect or default of tbe defendant.\nFollowing an automobile accident on 23 March, 1935, tbe plaintiff was taken to tbe Hamlet Hospital with a broken leg. Dr. W. D. J ames attended her, set tbe bones, placed her leg in a plaster cast, and she left tbe hospital on 2 April. Plaintiff returned for treatment once a week for four or five weeks thereafter.\nOn 26 February, 1936, tbe plaintiff bad tbe bones of her leg refrae-tured and reset at tbe North Carolina Orthopedic Hospital, Gastonia, N. C. Dr. W. M. Boberts, who performed tbis operation, testified for tbe plaintiff as follows: \u201cI could not say that any physician bad improperly treated her. \u25a0. . .. She bad what we call a mal-union. I found tbis mal-union and corrected it. ... I would not say that a physician bad improperly set it and I would bave no opinion as to whether it was properly set. . . . It is a rare thing that we get a perfect juncture of two bones. I won\u2019t say we don\u2019t strive \"for it, but if we do not get it it doesn\u2019t disturb us.\u201d Tbe doctor further testified that tbe plaintiff bad a slight natural bow in tbe other leg \u2014 not enough to call her bow-legged \u2014 and for tbis reason be did not try to get tbe injured one straight, and that her injured leg is just about as good now as tbe other one. She walks with a slight limp.\nFrom judgment of nonsuit entered at tbe close of plaintiff\u2019s evidence, she appeals, assigning error.\nSeawell \u25a0& Seawell for plaintiff, appellant.\nU. L. Spence for defendants, appellees."
  },
  "file_name": "0673-01",
  "first_page_order": 737,
  "last_page_order": 738
}