Hershey v. Peake

*563The opinion of the court was delivered by

Harvey, J.:

This is an action for damages. The trial court rendered judgment for defendant upon the pleadings and the opening statements of counsel. The plaintiff has appealed.

The question for decision is the statute of limitations. Does the petition state a cause of action for assault and battery or a cause of action for malpractice? If the former, the one-year statute of limitations applies (R. S. 60-306, 4th clause); if the latter, the two-year statute applies (R. S. 60-306, 3d clause) if the action is in tort, and a longer period if on contract. (30…