# Rule v. Cheeseman

> Supreme Court of Kansas · November 9, 1957 · 181 Kan. 957

URL: https://www.frixlaw.com/law-library/cases/9794771

## Case

- **Full name:** Margie Rule, Appellant, v. Ethel I. Cheeseman, Executrix of the Estate of William B. Cheeseman, Deceased, Appellee
- **Court:** Supreme Court of Kansas
- **Decided:** November 9, 1957
- **Citations:** 181 Kan. 957; 317 P.2d 472; 1957 Kan. LEXIS 436
- **Precedential status:** Published
- **Opinion:** Dissent by Price
- **Judges:** Robb, Price, Parker
- **Cited by:** 32 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9794771

## How later opinions describe it (automated extraction)

- applying the common knowledge exception when the physician failed to remove gauze from a patient's abdomen after surgery
- applying exception when sponge was left in patient after surgery

## Opinion text

Price, J.,
dissenting: No one will deny the existence of negligence in this case, but in my opinion the trial court was correct in holding that it is simply a case in which plaintiff sued the wrong man.
Parker, C. J., concurs in the foregoing dissenting opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9794771. Public record. Not legal advice.