Bouffard v. Canby

This is an action of tort or contract for the same cause of action. The declaration, consisting *306of a count in each division, alleges in substance certain conduct of the defendant, a practising physician, in the care and treatment of a wound accidentally sustained by the plaintiff while capping a bottle, which conduct, as to omission or commission, the plaintiff contends was negligence on the part of the defendant. The declaration alleges specifically that the defendant failed to locate a piece of glass left in the wound at the time of the accident and failed to discover that a tendon and…