SULLIVAN v. O'CONNOR


363 Mass. 579 (1973)

296 N.E.2d 183

ALICE SULLIVAN vs. JAMES H. O'CONNOR.

Supreme Judicial Court of Massachusetts, Suffolk.

May 9, 1973.


Attorney(s) appearing for the Case

John F. Finnerty for the defendant.

Francis C. Newton, Jr., for the plaintiff.

Present: TAURO, C.J., REARDON, QUIRICO, KAPLAN, & WILKINS, JJ.


KAPLAN, J.

The plaintiff patient secured by a jury verdict of $13,500 against the defendant surgeon for breach of contract in respect to an operation upon the plaintiff's nose. The substituted consolidated bill of exceptions presents questions about the correctness of the judge's instructions on the issue of damages.

The declaration was in two counts. In the first count, the plaintiff alleged that she, as patient, entered into a contract with the defendant...

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