In re Kerwin

This is an appeal from an order of the court at Special Term denying appellant’s motion to vacate an order for his examination in accordance with section 295 of the Civil Practice Act. On March 1, 1935, respondent, an infant eight years of age, was taken to St. Elizabeth’s Hospital in Utica for an operation for appendicitis which was performed by appellant. While a patient in the hospital and while under appellant’s care respondent received burns which resulted in keloid scars on his left leg. His parents were unable to ascertain how the child sustained the injuries. One of respondent’s…