Suskey v. Davidoff

The sole question for decision is whether the action is barred by statute of limitations. For present purposes it may be assumed that, as asserted by the plaintiff, the defendants wrongfully removed her gall bladder without her consent and without justification of any necessity or emergency, and that they gave her no advance intimation that they might do so.

1. On that assumption as to the facts (which are vigorously disputed by the defendants), defendants were guilty of an assault. A surgical operation performed without the consent of the patient and without justification by reason of…