Knox v. Ingalls Shipbuilding Corporation

HOLMES, Circuit Judge.

This is an action for damages alleged to have resulted to the appellant directly from the negligence of appellee’s medical staff in failing properly to examine appellant and diagnose his injury. By such negligence, it was alleged that needless suffering was inflicted upon the plaintiff, and his recovery delayed if not rendered impossible. In the court below, the defendant moved to dismiss the suit for failure to state a cause of action. This motion was sustained, and from a judgment of dismissal the plaintiff appealed.

The facts in substance are as follows: In May, 1943,…