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CUMMINS v. DONLEY

No. 38,668

173 Kan. 463 (1952)

249 P.2d 695

EFFIE CUMMINS, Appellee, v. J.B. DONLEY, Appellant.

Supreme Court of Kansas.

Opinion filed November 8, 1952.

Attorney(s) appearing for the Case

Martin S. Hall argued the cause, and Max D. Hall, both of Anthony, and Robert L. NeSmith and Charles D. Anderson, both of Wichita, were with him on the brief for the appellant.

Walter F. McGinnis argued the cause, and George J. Benson, both of El Dorado, was with him on the brief for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This is an action to recover damages for malpractice. Defendant's demurrer to plaintiff's petition on the ground that it and defendant appeals. Plaintiff, for her first cause of action, alleges that defendant is a practicing osteopathic physician; that in May, 1948, she employed defendant in his professional capacity as an osteopathic physician to treat her, and after an examination defendant diagnosed her...

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