Hill v. Hays

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a judgment sustaining a demurrer to a petition in an action to recover damages for malpractice by a physician.

The original petition was filed on August 27, 1962. A motion to make definite and certain was lodged against the petition which was sustained in part. An amended petition was filed on February 11. 1963.

The original petition differs from the amended petition in only one controversial respect. We will state the facts as alleged in the amended petition but quote from both the allegations which are made an issue.

Th…