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McKelvy (P) sued Barber (D) to recover damages for negligent medical treatment. P injured his finger during employment at American Manufacturing Company. P was taken to the D's office and was treated for the injury. P developed tetanus and was totally and permanently disabled at the time of trial. P settled with Pacific Employers Insurance Company for his claim against American. D opposed the suit and filed his instructed motion based on the fact that there was no evidence to show that tetanus was proximately caused by any negligence on D's part and that since D was an agent of American and P had already settled with them, he was immune from liability. D moved for an instructed verdict at the conclusion of evidence, and it was granted. P appealed.

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