Haggerty v. McCarthy

344 Mass. 136 (1962)

181 N.E.2d 562

ROBERT H. HAGGERTY

vs.

RAYMOND McCARTHY.

Supreme Judicial Court of Massachusetts, Middlesex.

November 8, 1961.

April 10, 1962.

Present: WILKINS, C.J., SPALDING, WILLIAMS, WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

Robert H. Haggerty of New York, pro se, (Robert D. Kilmarx with him,) for the plaintiff.

John F. Dunn, for the defendant.

CUTTER, J.

Count 1 of the declaration in an action of tort alleged that the defendant, a surgeon, failed to remove the plaintiff's appendix completely during an operation, on May 1, 1949, was doubtful whether he had done so, and negligently…