Becker v. Floersch

The opinion of the court was delivered by

DawsoN, C. J.:

This is an appeal from a judgment sustaining a demurrer to a petition in which plaintiff sought a recovery of damages for’malpractice.

The trial court’s ruling was based on the two years’ limitation allowed by statute within which an action of that character, sounding in tort, can be maintained. (G. S. 1935, 60-306, 3d clause.)

In her petition, which was filed on November 16, 1939, plaintiff alleged that on January 12,1935, she was suffering from a tumorous growth in her abdomen and was advised to consult the defendant, who had been highly…