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MADDOX v. NEPTUNE

No. 39,133

175 Kan. 465 (1953)

264 P.2d 1073

GLENN MADDOX, Appellant, v. HAROLD E. NEPTUNE, Appellee.

Supreme Court of Kansas.

Opinion filed December 12, 1953.

Attorney(s) appearing for the Case

C.H. Morris, of Wichita, argued the cause, and Robert F. Bailey, of Wichita, and James W. Shaffer, of Independence, Missouri, were with him on the briefs for the appellant.

LaRue Royce, of Salina, argued the cause, and E.S. Hampton, H.H. Dunham, Jr., John Q. Royce, H.G. Engleman and C. Stanley Nelson, all of Salina, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This is an appeal from an order of the trial court sustaining defendant's demurrer to plaintiff's amended petition. The appellant will be hereinafter referred to as plaintiff, and the appellee as defendant.

The question for decision involves the statute of limitations. Does the petition and the second amended petition state a cause of action for assault and battery, or a cause of action for malpractice...

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