Kennedy v. Parrott

Plaintiff’s action as alleged in her complaint is an action for damages for personal injury proximately resulting from the negligence of the defendant in performing an operation on her. The only allegation in the complaint which gives any indication it is an action for damages proximately resulting from an alleged technical assault or trespass upon the person of plaintiff is the allegation that the puncturing of the cysts on her ovary was unauthorized.

Dealing first with the cause of action alleged, it is to be noted that plaintiff made no effort in the court below to prove the defendant did…