Sears
Sears v. Majors
Opinion
Lead Opinion
Sturtevant, J.
On March 28, 1929, the plaintiffs commenced an action for wrongful death. In the first count of their complaint the plaintiffs alleged that on November 21, 1924, Edward E. Sears suffered an injury to the middle finger of his right hand; that he consulted the defendant Dr. Adams and that the latter treated him; that later the injury developed into tetanus; that the malady proceeded to develop and later caused the death of the decedent; that the defendant by the use of ordinary care should have injected a serum known as anti-tetanic serum, but the defendant negligently omitted to do so; that the said Edward E. Sears died on the third day of January, 1925; that he left surviving him a wife, one of the plaintiffs, and a son, the other plaintiff, who was at the time of the death of his father of the age of fifteen years; that on the twenty-eighth day of March, 1927, the mother was appointed guardian ad litem of her son and thereupon this action was commenced by the guardian ad litem in behalf of the minor son and by the mother in her own behalf. In the second count the same facts, except as to names and dates, are alleged regarding the defendant Dr. E. A. Majors. The defendants…