Pierce v. Edgerton

The opinion of the court was delivered by

Wedell, J.:

This was an action for damages for malpractice. Plaintiff has appealed from an order sustaining a demurrer to his evidence.

The negligence and the consequences thereof, as alleged, were as follows:

“That on the 24th day of October, 1937, this plaintiff suffered a right traumatic direct inguinal hernia, and on the 25th day of October, 1937, the defendant herein, holding himself out as a surgeon to this plaintiff, the plaintiff employed defendant at his request as such surgeon, to operate and cure said hernia and to attend this plaintiff until…