Guy v. SCHULDT

Dissenting Opinion

Bobbitt, J.

I dissent from the majority opinion in this case for the following reasons:

The complaint shows upon its face that the operation of which appellant complains was performed on March 25, 1937. His leg did not heal after the operation and appellee Baum continued to treat him until sometime in 1941. The complaint is silent as to any further treatment of plaintiff’s leg until November 10, 1952, when he employed a doctor in Fort Wayne, Indiana, who x-rayed the injured leg and discovered the foreign substance therein. Thus, it affirmatively appears that for a period of…