Tanner v. Espey

Weygandt, C.. J.

The first contention of the plaintiff in error is that Billiter was not liable for the aggravation resulting from the alleged malpractice of Dr. Espey. She bases this view upon the theory that her claims against Billiter and Dr. Espey are separate and distinct causes of action because the first is based upon tort and the second upon breach of contract. However, the great weight of authority is to the contrary. The general rule is that where one who has suffered personal injuries by reason of the negligence of another exercises reasonable care in securing the services of a…