MUSSELL, J.
This is an action for damages alleged to have been caused by the negligence of defendant F. Burton Jones, a physician and surgeon, in that on or about the 5th day of April, 1937, in the course of an operation upon plaintiff Mary Mondot and after opening plaintiff's abdominal cavity, said defendant "negligently and carelessly lost and left and caused and permitted to be left in plaintiff's body a piece of rubber, plastic or foreign material and did close...
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