Feinstone v. Allison Hospital, Inc.

In the month of February, 1927, plaintiff in error Feinstone, who was plaintiff in the court below, was injured by an automobile. Blood poisoning set in, and the leg had to be amputated.

In an action ex delicto brought by Feinstone against Allison Hospital, Inc., for alleged malpractice in connection with the treatment of plaintiff’s original injury, the hospital filed pleas to the effect that prior to the institution of plaintiff’s action against it, plaintiff had instituted an action against the initial tort feasor, J. C. Duncan, Jr., for recovery of damages for the injury suffered by the…