Capps v. Valk

The opinión of the court was delivered by

Jackson, J.:

This is an action for malpractice by the appellee against the appellant. The appellant physician is appealing from an order of the district court overruling his demurrer to the second amended petition of the appellee.

In the petition now under discussion, there are three causes of action. In the first cause, appellee alleges that appellant negligently left a drain tube in her body after an operation. In the second cause of action, appellee alleges that appellant negligently failed to remove certain kidney stones, the removal of which was the…