Hanig v. Orton

The opinion of the court was delivered by

Trenchard, J.

Plaintiffs brought suit against defendant to recover damages for an alleged breach of contract to perform an operation upon one Jeanette Hanig, a minor. Prior to trial the second and fourth counts in the complaint wore struck out and the case went to trial upon the first and third counts only. The third count is for consequential damages allegedly accruing to Louis Hanig, the father of the infant Jeanette Hanig, and the cause of action therein set forth is identical with (excepting the element of damages) that set forth in the first count.

A…