WALKER v. DISTLER

No. 8294.

296 P.2d 452 (1956)

John WALKER and Greta Walker, Husband and Wife, Plaintiffs-Respondents, v. Edward D. DISTLER, Defendant-Appellant.

Supreme Court of Idaho.

As Modified on Denial of Rehearing May 7, 1956.


Attorney(s) appearing for the Case

J. F. Martin and C. Ben Martin, Boise, for appellant.

Wm. F. Galloway, J. W. Galloway, R. C. Galloway and Ted M. Echols, Boise, for respondents.


TAYLOR, Chief Justice.

Plaintiffs (respondents) brought this action to recover damages for personal injuries suffered by the plaintiff, Greta Walker, during childbirth, while she was under the control and care of the defendant (appellant), a physician and surgeon.

In their complaint plaintiffs' cause is stated in three counts. The first is based on negligence of the defendant and seeks to invoke the doctrine of res ipsa loquitur. The second charges that "defendant...

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