MacKeown

MacKeown v. Baldwin

Good Law
1922 Cal. App. LEXIS 174·59 Cal. App. 674·211 P. 477
Court of Appeal of CaliforniaNovember 17, 1922Civ. No. 4308.California1,174 words

Opinion

Lead Opinion

Sturtevant, J.

The plaintiff commenced an action against the defendant to recover damages for alleged malpractice. To plaintiff’s seventh amended complaint the trial court sustained a demurrer without leave to amend and later signed and caused to be entered a judgment in favor of the defendant for his costs. From the judgment so rendered the plaintiff has appealed.

In her seventh amended complaint the plaintiff inserted formal allegations to the effect that the defendant was a physician and surgeon; that on the twelfth day of July, 1919, the plaintiff injured her right leg by straining the ligaments; that about the first day of September, 1919, she employed the defendant; that at that time one Sigrid Stohl was a nurse in the employ of the defendant, and then the plaintiff states the charging part of her cause of action in paragraph Y as follows: “That on or about the first day of September, 1919, said defendant entered upon said employment as physician as aforesaid, to treat, heal and cure the right leg of said plaintiff. That at or about said time said defendant instructed the said Sigrid Stohl, who was then and there in his employ as aforesaid, to bend the right leg of plaintiff backward and…

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