Birnbaum v. Siegler

In an action to recover damages for personal injuries suffered by plaintiff’s intestate, the complaint sets forth three causes of action in commingled form: (1) based on the alleged negligence of defendant, a surgeon, in the performance of an operation on February 7, 1942; (2) based on defendant’s alleged negligence in the performance of an operation on February 9, 1942; (3) based on defendant’s performance of the operation on February 9, 1942, without authority, the consent to that operation having been obtained by defendant’s alleged false representations. The complaint also contains a…