EMRIE v. TICE

No. 39,000

174 Kan. 739 (1953)

258 P.2d 332

A.P. EMRIE, Appellee, v. GALEN M. TICE, M.D., Appellant.

Supreme Court of Kansas.

Opinion filed June 6, 1953.


Attorney(s) appearing for the Case

Leonard O. Thomas, of Kansas City, argued the cause, and Arthur J. Stanley, Arthur J. Stanley, Jr., J.E. Schroeder, Lee E. Weeks, Blake Williamson, James K. Cubbison and Lee Vaughan, all of Kansas City, were with him on the briefs for the appellant.

John E. Blake, of Kansas City, argued the cause, and Bill E. Fabian and Robert E. Fabian, both of Kansas City, and Sam B. Sebree, Edgar Shook, David R. Hardy, and James H. Ottman, all of Kansas City, Mo., were with him on the briefs for the appellee.


The opinion of the court was delivered by

WEDELL, J.:

The petition in a malpractice case was framed on two separate theories. The first cause of action was based on specific allegations of negligence. The second cause of action was predicated on the doctrine of res ipsa loquitur.

Defendant appeals from the orders overruling his demurrer to each count contending neither stated a cause of action.

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