Paro v. Carter

Although the testimony in this case was quite voluminous, the only issue was whether on the 19th day of March, 1918, the defendant negligently failed to use due care and skill by failing to remove gauze packages and bandages which he had used in the operation. There is no claim of any negligence in the former operation of December, 1913, or in subsequent treatment prior to March, 1918.

Under the pleadings and ruling of the court there is no issue before us as to negligence subsequent to March, 1918. It is conceded by both parties that there was no gauze in *126the abdominal wall prior to the…