Gabrunas v. Miniter

This action (described in the bill of exceptions as an “action of tort”) was brought by a patient — a minor — against a physician. The declaration is in two counts alleged to be for the same cause of action. The first count, apparently in contract, alleges a contract by the defendant to “carefully and skilfully remove a bean from the ear of the plaintiff,” and a breach thereof. The second count, in tort, after alleging a relationship of patient and physician between the plaintiff and the defendant, alleges that the defendant “so carelessly and negligently operated on the plaintiff that he…