Graham v. Updegraph

The opinion of the court was delivered by

Smith, J.:

This was an action to recover damages for wrongful death caused by the alleged tort of defendant. Judgment was for plaintiff, overruling a demurrer of defendant to the petition. Defendant appeals.

The petition was filed by plaintiff to recover damages for the death of his wife, alleged to have been caused by the negligence of defendant, a physician and surgeon. It alleged that before being treated by defendant- deceased was an ordinary, healthy woman; that about January 1, 1929, deceased felt an indisposition; that she, with the consent of…