Petrucci v. Heidenreich

From a judgment, in favor of defendant after trial before the court without a jury, predicated upon the sustaining of an objection by defendant to the introduction of any evidence on the ground that the complaint showed on its face that plaintiffs’ cause of action was barred by the statute of limitations (subd. 3, sec. 340, Code Civ. Proe.), in an action to recover damages for malpractice, plaintiffs appeal.

It is alleged in the complaint filed October 20, 1939, that on or about July 25, 1937, defendant, a physician and surgeon, performed a cervical cauterization of plaintiff Flora Petrucci’s…