Howard v. Berg

Ellenbogen, J.,

This case comes before the court en banc on preliminary objections ex parte plaintiff to “New Matter” filed by defendant.

Plaintiff’s complaint in trespass avers that defendant, a practicing physician and surgeon, examined him and directed him to report to the St. John’s Hospital *359for an operation by defendant for an inguinal hernia on the right side; that plaintiff entered the St. John’s Hospital and submitted to the operation; that, without knowledge of plaintiff, defendant “wilfully and negligently” operated for a hernia on the left side, and performed no operation on…