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51 Wash. 2d 391

319 P.2d 277

Shortridge v. Bede

Washington Supreme Court

Decided December 12, 1957

Washington Supreme Court · decided 1957-12-12

Cited by 3 later decisions — most recently April 1991

3 state decisions

Relies on Sweeny v. Sweeny Investment Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1957-12-12

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Foster, J.

¶1(concurring in the result) — I concur in the first portion of the opinion, dealing with the liability of the respondents resulting from their alleged negligent mistake in the identity of the appellant Harvey E. Shortridge for another of respondents’ patients who desired the sterilization operation, and in the result of the opinion.

¶2The demurrer to the complaint was general, so if the facts pleaded disclose a right of recovery upon any theory, the demurrer should be overruled. State ex rel. West v. Seattle, 50 Wn. (2d) 94, 309 P. (2d) 751; Cary v. Bellingham, 41 Wn. (2d) 468, 250 P. (2d) 114; Brown v. Peoples Nat. Bank of Washington, 39 Wn. (2d) 776, 238 P. (2d) 1191; Sweeny *404v. Sweeny Inv. Co., 199 Wash. 135, 90 P. (2d) 716, 139 A. L. R. 847.

¶3Consequently, it is unnecessary to decide the other matters discussed in the opinion.

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