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BROWN v. MURDY

No. 9794.

102 N.W.2d 664 (1960)

Dale R. BROWN, Plaintiff, v. Carson D. MURDY, Whose True Name Is Carson B. Murdy, Defendant and Third-Party Plaintiff and Appellant, v. Don H. MANNING, Third-Party Defendant and Respondent.

Supreme Court of South Dakota.

May 2, 1960.

Attorney(s) appearing for the Case

Campbell, Voas & Richardson, Aberdeen, for defendant and third-party plaintiff and appellant.

Woods, Fuller, Shultz & Smith, Sioux Falls, for thirty-party defendant and respondent.

GRIEVES, Circuit Judge.

This is a malpractice suit instituted on December 5, 1958, by the plaintiff against the appellant, Dr. Carson D. Murdy. The complaint alleges that on the 10th day of December, 1957, the plaintiff received injuries consisting of a comminuted fracture of the tibia of the left leg; that on the same date he employed and placed himself under the care of said defendant to set and treat said fracture; that defendant negligently and carelessly failed...

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