Weaver v. Traver — 222 N.Y. 674

Majority

p. 674

Jennie Weaver, Respondent, v. Alvah H. Traver, Appellant.

Headnote

Weaver v. Traver, 170 App. Div. 929 , affirmed.

(Argued January 22, 1918;

decided February 5, 1918.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 9, 1915, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict in an action to recover for alleged malpractice. Defendant is a physician and surgeon. He performed a double abdominal operation upon plaintiff in the Albany Hospital, November 13, 1912, removing the appendix' and removing gallstones from the gall bladder and draining the same. On September 2, 1913, a thread presented itself through the unclosed sinus, and a physician, drawing upon it, removed a gauze tampon such as had been

p. 675

used in the abdominal operation. Plaintiff had a verdict for alleged negligence on defendant’s part in leaving the tampon in the abdomen and in failing thereafter to discover its presence and remove it.

Charles B. Sullivan for appellant.

Andrew J. Nellis and Stephen J. Daring for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Hogan, Cardozo, Pound, McLaughlin and Andrews, JJ.