Buchanan v. Kull

The question presented by this appeal is: Did the circuit judge commit error in granting defendants’ motion "to dismiss plaintiff’s suit on the ground “that the declaration as amended is defective and does not state a good cause of action?”

Plaintiff seeks recovery of damages for alleged malpractice charged against defendants. Defendant Dr. Kull is an osteopathic physician and defendant Dr. Johnson is an orthopedic surgeon. Accepting as true the facts alleged in plaintiff’s amended declaration, the following appears:

“That in the month of October, 1944, plaintiff employed defendant Kull as…