Page v. Brodoff

Plaintiffs, executors of the will of Seymour Page, late of Guilford, deceased, allege in their complaint that decedent’s death was caused by the negligence of the defendant, a surgeon, in that during the course of a surgical procedure known as an esophagoscopy, a tubular metal apparatus known as an esophagoscope stabbed the decedent in the interior part of his esophagus, causing severe lacerations and ultimately his death. Plaintiffs have demurred to the second defense set forth in defendant’s answer, which reads in whole as follows: “While the esophagoscope was still in the body of Seymour…