McClung v. Tieche

Lovins, Judge:

The Circuit Court of Raleigh County sustained a demurrer to the special replication of plaintiff and upon joint motion of the parties certified its ruling to this Court.

This litigation arises by reason of a surgical operation performed in Fayette County on the plaintiff, Delphy McClung, by the defendant, A. U. Tieche, a resident of Raleigh County. Plaintiff instituted an action in the Circuit Court of Fayette County within one year after June 20, 1941, on which date she was apprised of the allegedly negligent acts of the defendant. She charged that the defendant removed certain…