Noel Ex Rel. Noel v. Menninger Foundation

The opinion of the court was delivered by

Wertz, J.:

This is an appeal from an order of the trial court sustaining a demurrer of the defendant, The Menninger Foundation (appellee), to the amended petition of plaintiff, William B. Noel (appellant), in a suit brought to recover damages for personal injuries alleged to have been caused by the defendant’s negligence.

The plaintiff, William B. Noel, a man seventy-one years of age and a mental patient of the Menninger hospital in Topeka at the time the cause of action arose, sued jointly The Menninger Founda tioxi and its co-defendant, Albert E.…