Legal Opinion · Dissent

Palmer v. O'Hara

Supreme Court of Pennsylvania

Decided November 25, 1947No. Appeal, 7Published

1Dissent

Dissenting Opinion by

Mr. Chief Justice Maxey:

I dissent from the majority’s conclusion that an osteopathic physician is not a “qualified physician” within the definition of Section 103 of the Mental Health Act of July 11, 1923, P. L. 998, 50 PS 42, and therefore is not competent “to certify persons for commitment as mentally ill and in need of treatment and care in a hospital for mental diseases.” The statement in the majority opinion that “the practice of osteopathy was directly ruled not to be the ‘practice of medicine’ ” is contrary to the statutes, and to the decisions of tbe appellate…

2Cases cited8 opinions

  1. Bragg v. StateSupreme Court of Alabama · 1901
  2. Long v. Metzger, S. B. M. E., Etc.Supreme Court of Pennsylvania · 1930
  3. Commonwealth v. SeibertSupreme Court of Pennsylvania · 1918
  4. Commonwealth v. CohenSuperior Court of Pennsylvania · 1940
  5. People ex rel. Gage v. SimanIllinois Supreme Court · 1917

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