Emrie v. Tice

The opinion of the court was delivered by

Wedell, J.:

The petition in a malpractice case was framed on two separate theories. The first cause of action was based on specific allegations of negligence. The second cause of action was predicated on the doctrine of res ipsa loquitur.

Defendant appeals from the orders overruling his demurrer to each count contending neither stated a cause of action.

The amended petition, omitting the caption, allegations as to the total amount of damage and prayers is appended hereto for reference and as a part hereof.

Appellant motioned both causes of action,…