Leadingham v. Hillman

CourtCourt of Appeals of Kentucky
Citation224 Ky. 177,5 S.W.2d 1044
Decision Date24 April 1928

Appeal from Circuit Court, Boyd County.

Action by William Leadingham against Dr. H. J. Hillman. Judgment for defendant, and plaintiff appeals. Reversed and remanded for new trial.

Woods Stewart & Smoot, of Ashland, for appellant.

Dysard & Miller, of Ashland, for appellee.


On November 25, 1925, W. H. Leadingham, while cranking a car broke his right arm below the elbow, and went at once to Dr H. J. Hillman to treat him. The doctor, after examining him, said: "You have a badly broken arm; both bones are broken." He then fixed up some splints, and, after getting the bones back in position, as he thought, tied the arm up with two splints. He did not tell Leadingham when to come back. In about three days his hand was swollen and hurt badly; he went back to the doctor. He took down the sling, and, after looking at the arm, told him to go home, and to come back in a week or something like that. In two or three days the swelling went down, and the splints got loose. Leadingham then went back to the doctor, and called his attention to the fact that the splints were loose, and asked him if he was going to tighten them, and he said: "No, that is probably all right so far."

About the middle of the next week, Leadingham went back again, and told the doctor the splints were getting awfully loose. He then got a little piece of cotton, and pushed it under the arm, saying: "I think that will hold it for a while all right, and if it don't, you ought to come back in about a week, and we will take one of those splints off and look at your arm." So he went back in about a week. The doctor then took one of the splints off, and said he wanted to keep the other one on for a week longer. This was at the end of the second week. At the end of the third week, the splint was loose, and the doctor took that off. He looked at the arm, and said, "Well, that looks like it has united; I will just leave it off; you can take your hand out of the sling." Leadingham then said: "Doctor, there is something wrong in the wrist." The doctor took hold of the arm, and gave it a pull, and said: "Your knuckle may be sore; there is a knot. Give it time, it will finally get all right." After this Leadingham did not carry his arm in the sling any more, and the arm commenced dropping down, and was of little use. He then went back to see the doctor, showed him the arm, and he said that he would have to break it over again and set it, and said: "You have a bad arm and I hate it; it is my fault. Will you go to Huntingdon and have it broken over again and let it unite again?" He said he took the splints off too soon, and was afraid the arm would be crooked, and said: "If you will go there and have it broken again, I will pay your expenses at the hospital in Huntingdon." Leadingham did not go to the hospital, and brought this action against the doctor, charging negligence in the setting and treatment of his arm. The above were the facts as stated by him on the trial.

The defendant moved for a peremptory instruction. The court did not sustain the motion. The defendant then testified, and said in substance that he took the splint off the arm after five weeks. He said it should not have been taken off under four weeks. He admitted offering to pay the plaintiff $100 for his expenses if he would go to Huntingdon and have his arm broken and reset. The plaintiff testified to this also, and admitted that he did not go to Huntingdon or to any infirmary and have his arm broken.

On these facts the court, at the conclusion of all the evidence instructed...

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10 cases
  • Hudson v. Weiland
    • United States
    • United States State Supreme Court of Florida
    • 8 Mayo 1942
    ...... case must be submitted to the jury for determination. [8 So.2d 43] . . Leadingham v. Hillman, 224 Ky. 177, 5 S.W.2d 1044; Knopp v. Thornton, 199 Ky. 216, 250 S.W. 853.'. . . Longfellow v. Vernon, 57 Ind.App. ......
  • George Washington University v. Waas, 92-CV-985.
    • United States
    • Court of Appeals of Columbia District
    • 19 Septiembre 1994
    ...Blair v. Eblen, 461 S.W.2d 370, 372 (Ky.1970) (plaintiff's failure to exercise injured hand as instructed); Leadingham v. Hillman, 224 Ky. 177, 5 S.W.2d 1044, 1045-046 (1928) (plaintiff's failure to go to hospital to get arm rebroken and reset as instructed by defendant); Flynn v. Stearns, ......
  • Powell v. Galloway
    • United States
    • United States State Supreme Court (Kentucky)
    • 16 Abril 1929
    ...to sustain the cause of action alleged by the plaintiff, the case must be submitted to the jury for determination. Leadingham v. Hillman, 224 Ky. 177, 5 S.W. (2d) 1044; Knopp v. Thornton, 199 Ky. 216, 250 S.W. It was charged in the petition that the plaintiff, while cranking an automobile, ......
  • Cavens v. Zaberdac, 45S03-0505-CV-239.
    • United States
    • Supreme Court of Indiana
    • 22 Junio 2006
    ...Inc., 555 S.W.2d 879, 885 (Tex.Civ.App.1977); Ponirakis v. Choi, 262 Va. 119, 125, 546 S.E.2d 707, 711 (2001); Leadingham v. Hillman, 224 Ky. 177, 5 S.W.2d 1044, 1045 (1928); Bird v. Pritchard, 33 Ohio App.2d 31, 32, 62 O.O.2d 96, 291 N.E.2d 769, 771 Dr. Cavens also asserts that "[h]ad Pegg......
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