Flentie v. Townsend

The opinion of the court was delivered by

Thiele, J.:

This was an action for damages on account of the death of a child following a surgical operation.

The petition alleged two causes of action against C. R. Townsend, *83Jr., hereafter referred to as the defendant, and one W. E. Hartsock, on whom no service of process was had, which are summarized as follows: The first cause of action charged that plaintiffs were the parents of an eight-year-old boy and had consulted the defendant with reference to an operation for removal of the boy’s tonsils; that defendant was an osteopath and not learned or…