Stemmer v. Kline

Oliphant, C. C. J.

This is an action for personal injuries brought by Jacob Stemmer, Jr., an infant, by his next friend, Jacob Stemmer, Sr., against William Kline, a physician, who treated the mother of the infant prior to his birth, and for consequential damages alleged to have been sustained by his parents, Pauline Stemmer and Jacob Stemmer.

It is before the court, on a motion raised by the amended answer to strike the first and second counts of the complaint on the ground that the allegations contained therein are insufficient in law to constitute a cause of action. The amended answer…