Eckels v. Traverse

JOHNSON, Justice.

The plaintiff in error filed her suit in the District Court of Woods County, Oklahoma,. . against the defendant in error, Dr. Traverse, to recover damages for malpractice. The petition contained two causes of action,, ■the first being based upon the theory of as sault and battery, and the second on the theory of negligence. Motion was made by the defendant to elect upon which cause she would proceed. This motion was sustained by the trial court. Plaintiff elected to proceed on the negligence count. Answer was filed by the defendant denying all of the allegations of…