HEMINGWAY v. WAXLER

Docket No. 16061.

128 Cal.App.2d 68 (1954)

274 P.2d 699

WARREN HEMINGWAY, Appellant, v. SAMUEL H. WAXLER et al., Respondents.

Court of Appeals of California, First District, Division One.

October 13, 1954.


Attorney(s) appearing for the Case

E.F. Delger and Edward A. Friend for Appellant.

Lamb, Hoge & Killion, Dana, Bledsoe & Smith and Joseph W. Rogers, Jr., for Respondents.


BRAY, J.

In a malpractice action plaintiff appeals from a judgment against him on the special defense of the statute of limitations.

QUESTIONS PRESENTED

1. Sufficiency of the evidence. 2. Do rulings on demurrer as to the statute of limitations bar the right to a trial concerning that issue?

1. Sufficiency of the Evidence.

December 31, 1950, plaintiff, a truck driver, sustained a broken leg in a motorcycle accident. He was...

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