Hyslop v. Maxwell

Counsel for the plaintiff-appellant basically raises two questions: (1) Whether the reasons asserted for the delay in preparing and serving the complaint constitute excusable neglect under sec. 269.45 (2), Stats., 1 as to entitle the plaintiff to an extension of time; and (2) whether the trial court could rely on a failure to revive the action after the death of the plaintiff.

From the complaint it appears that on December 23, 1969, a radical mastectomy was performed on the plaintiff, Mrs. Hyslop, to treat a malignancy in her right breast. Dr. John W. Maxwell, Jr., was the surgeon in charge of…