Vatalaro v. Thomas

This is an action to recover damages alleged to have been caused by an unskilful operation for hernia. At the trial the plaintiff’s counsel in opening stated in substance as follows: The plaintiff was hurt and sustained a hernia in the course of his employment by one Levine. He was within the workmen’s compensation act, under which he could ask, and the Industrial Accident Board could award, compensation for such injury, and he presented his case to the Industrial Accident Board. The insurer of the plaintiff’s employer took the plaintiff in charge, and sent him to a hospital where he was…