Hotelling v. Walther

This is an action for malpractice. The plaintiff has appealed from an adverse judgment based on the verdict of a jury, which found in effect that the action was barred by the statute of limitations. There had been a previous trial, which resulted in a judgment of involuntary nonsuit on the ground that the statute of limitations had run. The court below set aside that judgment and granted a new trial, and on appeal to this court its action was sustained. We held that the tort alleged was a continuing one and that “the statute runs from the last date of the continuous negligent treatment”: 169…