Waddell v. Woods

The opinion of the court was delivered by

Thiele, J.:

This was an action to recover damages for injuries alleged to have been sustained by plaintiff growing out of X-ray treatments administered by defendant.

Defendant’s demurrer to the plaintiff’s petition, on the ground it did not state facts sufficient to constitute a cause of action, was overruled and defendant appeals. It is clear from the briefs submitted that in the trial court the plaintiff contended, as he does here, that he had stated facts sufficient to warrant application of the doctrine of res ipsa loquitur, and that defendant…