Richey v. Darling , 183 Kan. 642 ( 1958 )

Price, J.,

dissenting: I adhere to my dissent in Joy v. Brown, 173 Kan. 833, 252 P. 2d 889.

The instant action is one by a woman to recover damages for personal injuries alleged to have resulted from the negligent performance of an abortion. Having consented to and participated in the illegal and unlawful act, it is my opinion that she cannot maintain an action for the consequences of such act, even though negligently performed. The demurrer to the petition should have been sustained.