Cassity v. Brady

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal by the plaintiff from an order quashing the service of summons had on a nonresident defendant in a malpractice action brought against two doctors, one a resident of Douglas County, where the action was filed, and the other a resident of Atchison County.

The question presented is whether the petition alleges joint liability on the part of the two defendants who treated plaintiff’s broken leg.

Ordinarily, a party who is sued in a common law action for damages is entitled to be sued in the county of his residence or where he…