Smith v. Wiprud

Appeal from an order dismissing count two of a complaint as being barred by the statute of limitations. Plaintiffs brought the action to recover damages for the alleged wrongful death of Scott Smith, a minor. Count one of the complaint alleged an action under the survival statute, section 93-2824, E.C.M.1947. Count one alleged in substance: that defendant is a licensed physician; that the deceased minor child was injured when thrown from a horse on May 29, 1966, and thereafter placed under the care of defendant; that there was negligence in treatment and demanded damages in the sum of $11,500…