Schmeltz v. Tracy

The defendant, a physician and surgeon in Hartford specializing in dermatology, was consulted by the plaintiff in the fall of 1931 in regard to a skin ailment of her minor daughter which was diagnosed by the defendant as acne. The first four paragraphs of the first count of the complaint allege a contract with the defendant for the treatment of the acne, but there is no further reference to this contract anywhere in the complaint, and the court correctly told the jury, “there is now no claim before you as to any lack of treatment in regard to the acne.” The remainder of the first count…