
    Ward et al., Appellants, v. Garvin.
    Argued December 9, 1937.
    Before Schaffer, Maxey, Drew, Linn, Stern and Barnes, JJ.
    
      Hugh Roberts, for appellants.
    
      Charles E. Kenworthey, for appellee, was not heard.
    January 3, 1938:
   Per Curiam,

Plaintiffs, husband and wife, seek recovery of damages from defendant, a physician, upon a claim that he made a mistake in diagnosing an injury to the wife’s foot. The court below entered a compulsory nonsuit, which it refused to take off, relying upon our decisions, the latest of which is Duckworth v. Bennett, 320 Pa. 47, 181 A. 558, where we held that a physician is not responsible for an error of judgment or a mistake in diagnosis in the treatment of a patient. The action of the court below was correct.

Judgment affirmed.  