Weinstein v. Blanchard

The opinion of the court was delivered by

Trenchard, J.

This is an appeal by the plaintiff from a judgment entered on a nonsuit at the trial in the Hudson Circuit.

The defendant was a practicing physician and surgeon and was admitted to practice in this state in'April, 1891. He operated on the plaintiff on August 10th, 1909, and inserted in the wound two drainage tubes, one of which is alleged to have entered and remained in the body. On October 39th, 1938 (nineteen years after the operation), the plaintiff instituted the present action.

The complaint consists of four counts. The first and third…