Thatcher v. De Tar

WESTHUES, C.

This ease involves an interpretation of section 1016, Mo. Rev. St. Ann. (1939 >, which requires malpractice suits to be filed within two years from the date of the act of negligence complained of. Plaintiff filed suit against defendant seeking $10,000.00 in damages. The trial court sustained defendant’s demurrer and plaintiff refused to plead further. His petition was dismissed and judgment entered whereupon plaintiff appealed.

The petition was filed on August 29, 1941. The allegations thereof in substance are, that in August, 1937, plaintiff [761] employed the defendant…