Rainey v. Smith

Citations

• 109 Kan. 692
• 201 P. 1106
• 1921 Kan. LEXIS 348

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Malpractice — Demurrer to Plaintiff’s Evidence Wrongfully Sustained. It is held that there was sufficient evidence, expert and otherwise, to compel the court to overrule the demurrer to the plaintiff’s evidence and to submit the case to the jury for determination.</p> <p>2. Same — Amendment of Pleadings to Correspond to Evidence. Where parties are not misled, pleadings may be amended to correspond to the evidence introduced.</p>