Eliza K. Morgan v. Maurice R. Schlanger and Lemuel E. Mayo

WINTER, Circuit Judge.

Plaintiff’s suit for malpractice was dismissed at the close of her case for lack of medical testimony to support her alleged cause of action. On motion for summary judgment and by pretrial order limiting the issues, before trial, a plea of limitations was sustained as to a major part of her alleged cause of action. She appeals from both rulings. Under the law of Virginia, which we must apply in this diversity action, we think that the rulings of the district judge were correct, and we affirm.

The proof adduced by the plaintiff showed the following: Sometime in 1937,…